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23. Applicable Law. The laws of the State of Colorado shall govern the <br /> interpretation, validity,performance and enforcement of this Lease. <br /> 24. Forum Selection and Venue. The parties agree that although there may <br /> be other forums and venues that are proper under applicable law, any and all disputes, causes of <br /> action, claims, demands, and lawsuits arising from this Agreement shall be brought in the State <br /> of Texas. The Parties further agree and stipulate that Collin County, Texas is the sole and <br /> exclusive venue for the resolution of any dispute relating to or arising out of this Lease. By <br /> executing this Agreement, the Parties hereby waive all rights to contest this forum and venue <br /> selection provision. <br /> 25. Attorneys' Fees. In the case of any action or proceeding brought to enforce <br /> the terms and provisions of this Lease, the unsuccessful party in any such action or proceeding <br /> will, on the entry of a final, non-appealable judgment, pay for all costs, expenses and reasonable <br /> attorneys' fees actually incurred by the prevailing party in enforcing the covenants and <br /> agreements of this Lease. <br /> 26. Captions. The captions used herein are for convenience only and do not limit or <br /> amplify the provisions hereof. <br /> 27. Successors. The terms, provisions and covenants contained in this Lease shall <br /> apply to, inure to the benefit of and be binding upon the parties hereto and their respective <br /> successors and assigns except as otherwise herein expressly provided. <br /> Signature page follows. <br /> Excavation Lease Agreement <br /> Page 7 <br />