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or local laws or regulations(including common law)concerning protection or preservation of human <br /> health,the environment,or natural resources,and regardless of form,concentration or origin. <br /> 6. MineWater shall,at PSCo's option,pay for or repair any damage done to the Property <br /> as a result of the Mining Activity. <br /> 7. The failure of PSCo at any time or times to require performance of any provision hereof, <br /> shall in no manner affect its right at a later time to enforce the same. No waiver by PSCo of the breach of <br /> any terms or covenant contained in this Agreement,whether by conduct or otherwise,in any one or more <br /> instances shall be deemed to be conshued as further or continuing waiver of any such breach or a breach <br /> of any other term or covenant of this Agreement. <br /> 8. (a) This Agreement may be executed in two original counterparts,each of which <br /> shall be deemed an original of this instrument. <br /> (b) This Agreement incorporates all agreements and stipulations between PSCo <br /> and Licensee as to the Property and the Mining Activity and no prior representations or statements, <br /> verbal or written,shall modify,supplement or change the terms of this Agreement. The title of this <br /> document is inserted for convenience only and does not define or limit the rights granted pursuant to <br /> this Agreement. This Agreement consists of the document entitled "Agreement," including any <br /> amendments as may be necessary, as well as all exhibits. No other exhibit,addendum, schedule or <br /> other attachment (collectively "Addendum") is authorized by PSCo, and no Addendum shall be <br /> effective and binding upon PSCo unless separately executed by an authorized representative of PSCo. <br /> This Agreement may only be modified by a writing executed and delivered by MineWater and an <br /> authorized representative of PSCo. <br /> (c) This Agreement shall be governed by and construed in accordance with the <br /> laws of the state in which the Property is located,without giving effect to principles of conflict of laws. <br /> (d) "MineWater"shall include the singular,plural,feminine,masculine and neuter. <br /> If more than one person or entity shall sign this Agreement as MineWater, the obligations set forth <br /> herein shall be deemed joint and several obligations of each such party or entity. <br /> (e) This Agreement may not be recorded or filed for record in the real estate <br /> records of the County in which the Property is located,nor in any other public office or records. In the <br /> event MineWater records or files this Agreement,this Agreement shall automatically terminate. <br /> 9. MineWater shall reimburse PSCo for all reasonable costs incurred by PSCo in <br /> connection with this Agreement and/or the Mining Activity,including without limitation,(a)in-house <br /> or third party costs incurred in connection with the review of Exhibit B and any Plans and <br /> Specifications(including revisions or modifications thereof);and(b)attorney fees and costs incurred <br /> in the administration and enforcement of this Agreement, irrespective of whether MineWater is in <br /> default. <br /> 10. MineWater's covenants, agreements, and indemnity obligations shall survive the <br /> expiration or termination of this Agreement. <br /> 2016 <br />