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2023-11-17_REVISION - M2012032
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2023-11-17_REVISION - M2012032
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Last modified
11/20/2023 8:44:56 PM
Creation date
11/20/2023 9:10:12 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2012032
IBM Index Class Name
Revision
Doc Date
11/17/2023
Doc Name
Request For Succession Of Operator
From
Thorin Resources, Inc
To
DRMS
Type & Sequence
SO4
Email Name
LJW
THM
SMS
Media Type
D
Archive
No
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DocuSign Envelope ID:CCABACD4-6EDA-474F-A230-6C6849B95834 <br /> jurisdiction. The Parties agree that they will arbitrate all claims agreed to be arbitrated herein <br /> regardless of the existence of any related dispute, action or special proceeding between the parties <br /> hereto and/or any third party. Notwithstanding the foregoing, any party may seek equitable relief <br /> by court action before or after instituting arbitration, including, without limitation, seeking and <br /> obtaining temporary restraining orders, injunctions or other provisional or ancillary remedies, and <br /> the institution and maintenance of any such action shall not constitute a waiver of the right to <br /> arbitrate any controversy or claim. The arbitrator shall award the costs and expenses of arbitration, <br /> including attorneys' fees, to the prevailing party as part of his or her award, in addition to all other <br /> relief granted. This arbitration provision is intended by the Parties to be self-executing. <br /> WAIVER OF TRIAL BY JURY. EACH PARTY HERETO ACKNOWLEDGES <br /> AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER <br /> THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY <br /> AND THEREBY IS LIKELY TO INVOLVE COMPLICATED AND <br /> DIFFICULT ISSUES, AND THEREFORE IT HEREBY IRREVOCABLY AND <br /> UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL <br /> BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR <br /> INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT <br /> AND ANY OF THE AGREEMENTS DELIVERED IN CONNECTION <br /> HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR <br /> THEREBY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE <br /> LAW. <br /> 11.11 Exhibits. All Exhibits attached to this Agreement are incorporated and shall <br /> be treated as if set forth herein. <br /> 11.12 Severability. If any provision of this Agreement or the application of such <br /> provision to any Person or circumstance shall be held invalid, the remainder of this Agreement or <br /> the application of such provision to Persons or circumstances other than those to which it is held <br /> invalid shall not be affected thereby. <br /> 11.13 Additional Documents and Acts. Each Member agrees to execute and <br /> deliver such additional documents and instruments and to perform such additional acts as may be <br /> necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and <br /> conditions of this Agreement and the transactions contemplated hereby. <br /> 11.14 Notices. Any notice to be given or to be served upon Company or any party <br /> hereto in connection with this Agreement must be in writing (which may include facsimile) and <br /> will be deemed to have been given and received when delivered to the address specified by the <br /> party to receive the notice. Such notices will be given to a Member or Manager at the address <br /> 25 <br />
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