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agrees to pay the prevailing party all reasonable costs, damages, expert witness.fees, and expenses, <br />including attorney fees expended or incurred in'connection therewith. <br />12.7 Invalidity ofTenns. Ifany term, claim, clause orprovision ofthis Agreement <br />shall be judged to be invalid, the validity and effect of any other term, claim, clause or provision <br />shall not be affected; and such invalid term, claim, clause orprovision shall be deemed deleted from <br />this Agreement in a manner to give effect to the remaining terms, claims, clauses, or provisions. <br />12.8 Counteroarts. This Agreement may be executed in any member of <br />counterparts, each of which shall be considered an original for all purposes, and all of which when <br />taken together shall constitute one and the same Agreement. <br />12.9 Authority. Each of the undersigned represents as to itself that each has the <br />authority to execute,this Agreement. <br />12.10 Fon~m Selection. Any action brought to enforce the terms and provisions of <br />this Agreement or alleging a breach hereof shall be brought only in the Colorado District Courtin <br />Gilpin County, Colorado.. <br />12.11 Entire Agreement. This Agreement constitutes the entire understanding, <br />contract, and agreement between the parties'as to the subject matters herein set forth, and this <br />Agreement only supersedes prior written (except for the Stipulation attached hereto as Exhibit A) <br />or oral understandings, agreements, and commitments, formal or informal, relative thereto between <br />' all the parties hereto. No change, modification, alteration, or amendment to this Agreement shall <br />! be binding upon the parties except as specifically expressed in writing, making reference to this <br />Agreement and signed by all of the parties hereto agreeing to be bound thereby. <br />-8- <br />