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Agreement, or in the event of any action to enforce this Agreement through either the <br />arbitration process or court action, or to collect damages on account of any breach of the <br />obligations provided for herein, the prevailing party shall be entitled to recover from the <br />other party, all costs and expenses associated with either the arbitration process or the <br />court action, including reasonable attorneys' fees, as well as all additional costs of <br />collecting any judgment rendered in such action. <br />12. Severabilitv. Unenforceability ofany provision contained in this Agreement shall not <br />affect or impair the validity of any other provision of this Agreement. <br />13. Aut_ horny. All parties to this Agreement represent that they have the full power and <br />authority to enter into and perform this Agreement. <br />14, Binding Effect. The covenants, agreements and obligations contained herein shall <br />extend to, bind and inure to the benefd of the parties hereto as well as their respective <br />personal representatives, heirs, successors and assigns. The parties acknowledge that <br />this Agreement touches, concerns, benefits and burdens the real property interest of the <br />Moltz Property, and that this Agreement shall be a covenant running with this real properly <br />interest. <br />15. AmendmenUSuccessors. No provision of this Agreement shall be amended, <br />revoked, or waived except by an instrument in writing signed by the future owners of the <br />Grantor Property and the successors in interest to Schoger's water right in the Bray Ditch <br />and Allen Extension and properly recorded with the Chaffee County Clerk and Recorder's <br />Office. The rights and obligations of the parties hereto shalt accrue to the benefit of and <br />be binding upon their respective successors and assigns. <br />THIS AGREEMENT entered into on the date and year set forth above. <br />V. Paul I <br />By: G~~ <br />V. Paul Moltz <br />River Rock Ran nc <br />By <br />Dennis Schoger, Presld nt <br />ACKNOWLEDGMENT <br />STATE OF COLORADO) <br />ss. <br />F:~cOBn1lSMogohOraft Rebwtlon EaaemeM AgreaneM 09.27.Oawpa <br />~r~rri~cr, <br />1-J'Ltll1J a~. <br />