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9. Attome. Fees. Should any party default in any of the covenants or agreements <br /> herein contained, that defaulting party shall pay to the prevailing party all costs and expenses, <br /> including reasonable attorney fees, which may arise or accrue from enforcing this Lease or in <br /> pursuing any remedy provided hereunder or by applicable law, but only to the extent the <br /> prevailing party is awarded such fees, costs, etc. in a legal proceeding. The obligation of this <br /> section to pay costs and expenses, including attorney fees, shall apply in all legal proceedings, <br /> including, without limitation, all proceedings in any appellate court or in the Federal Bankruptcy <br /> Court, whether or not they are adversary proceedings or contested matters. <br /> 10. Total Avreement: Applicable to Successors. This Lease, the exhibit attached <br /> hereto, and the easements referenced herein (if any), contain the entire agreement between the <br /> parties and there are no prior covenants, promises or agreements, either oral or written between <br /> them. No alteration, amendment, change or addition shall be binding upon the parties, except by <br /> a written instrument subsequently executed by the parties hereto. This Lease and the terms and <br /> conditions hereof apply to and are binding on the heirs, legal representatives, successors and <br /> assigns of both parties. <br /> 11. No Business Relationship. Nothing in this Lease shall be deemed to create the <br /> relationship of partners, partnership,joint venture, or any other business relationship between the <br /> parties hereto. The only relationship intended between the parties to this Lease shall be as <br /> Landlord(Lessor) and Tenant(Lessee). <br /> 12. Applicable Law. This Lease shall be governed by and construed in accordance <br /> with the laws of the State of Colorado. <br /> 13. Time of the Essence. Time is of the essence in all provisions of this Lease. <br /> 14. Cautions. The captions contained in this Lease are for convenience only and shall <br /> not limit or be relied upon in construing or interpreting the terms and provisions hereof. <br /> 15. Severabilit\. If any term, covenant or condition of this Lease, or the application <br /> thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the <br /> remainder of this Lease shall not be affected thereby, and each term, covenant or condition of <br /> this Lease shall be valid and enforceable to the fullest extent permitted by law. <br /> 16. Counterparts. This Lease may be executed in any number of counterparts, each of <br /> which shall be an original but all of which together shall constitute one and the same instrument. <br /> A telecopy or email ".PDF" signature of any party shall be considered to have the same binding <br /> legal effect as an original signature. <br /> 17. Notices. Any notice required or permitted to be given hereunder shall be in <br /> writing and shall be deemed given when delivered personally or sent by FedEx or similar courier <br /> service requiring a signature to document delivery, using the addresses set forth in the signature <br /> blocks below, or at such other address as either Party hereto may designate by giving written <br /> notice thereof to the other Party hereto in the aforesaid manner. The foregoing notwithstanding, <br /> Page 7 of 10 <br /> - Flintstone-Scott Mining Lease <br />