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operations within the Oil and Gas Operations Area or upon access roads, gathering lines, pipelines or <br />other easements used in connection with the Oil and Gas Operations Area. The waiver of surface <br />damages provided herein shall include any claim for excessive surface use insofar as the Oil and Gas <br />Operations Area is used to produce oil and gas from any portion of the Property or land pooled therewith. <br />21. ARBITRATION. <br />Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall <br />be resolved by arbitration conducted in Denver, Colorado and shall be administered by the American <br />Arbitration Association under its commercial rules, and judgment on the award rendered by the <br />arbitrator(s) may be entered in any court having jurisdiction thereof. <br />22. APPLICABLE LAW. <br />This Agreement shall be governed by and construed in accordance with the laws of the State of <br />Colorado, without reference to its conflict of laws provisions. <br />23. ENTIRE AGREEMENT. <br />This Agreement sets forth the entire understanding among the parties regarding the matters <br />addressed herein, and supersedes any previous communications, representations or agreements, whether <br />oral or written, concerning the subject matter of this Agreement which in any way relate to or encumber <br />all or any portion of the Property. This Agreement shall not be amended, except by written document <br />signed by all parties. <br />24. EXECUTION AND BINDING EFFECT <br />This Agreement may be executed in any number of counterparts each of which shall be deemed <br />an original instrument but all of which together shall constitute one and the same instrument, and shall be <br />binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, <br />administrators, successors and assigns and is executed by the parties as of the Effective Date set forth <br />above. <br />The parties have executed this Agreement on the day and yeaz first above written. <br />ME III CORPORATION. <br />By: `~ r! <br />Its: i <br /> <br />n.cauar T PnvrNr, rn <br />By: <br />