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<br /> <br />A. This Agreement states the entire agreement between the Parties, and replace all oral and <br />written representations, correspondence and agreements by or between the Parties concerning <br />the Property. No amendtneut or modification o£ this Agreement shall be binding unless made <br />by written utsttuntent of equal formality. OWNER and CLC shall be entitled to insist <br />strictly upon [lte timeliness of pcrfomtance by the other party of the other party's obligations. <br />B. All of die rights, duties, benefits, terms and covenants contained in this Agreement will run <br />with the land and shall accrue to and be binding upon the successors and assigns of the <br />Parties forever; and shall inure to the benefit of CLC, its directors, officers, employees, <br />invitees, agents and representatives. <br />C. No assignment of die Agreement of any interest therein and no sublicense for any purpose <br />shall be made or granted by CLC without the prior written consent of OWNER, which shall <br />not be unreasonably withheld. <br />10. Termination. CLC reserves the right to tvidtdraw, at any time, any portion of the Property from <br />this Agreement or to terminate dtis Agreement in its entirety, for any reason, by providing <br />OWNER with written notice thirty (30) days prior to such termination.. Upon expiration of this <br />Agreement, CLC shall make a onetime payment to OWNER of Five Hundred Dollars ($500. 00) <br />as a stipulated damage settlement for release of CLC by OWNER. Upon payment by CLC, <br />CLC and OWNER shall execute a written "Release", wherein CLC acknowledges the termination <br />of !his Agreement and dte rights granted herein, and OWNER waives and surrenders forever any <br />nglu to damages or any oilier Icgal, equitable or administrative remedy for any loss, damage or <br />mjun~ to the Property resulting from the exercise by CLC of the rights granted herein. <br />11. Notices / Patents All notices required or permitted hereunder shall be in writing and all <br />payments required or permitted hereunder shall be paid by company check and both notices and <br />payTrtcnts shall be deemed to have been properl}• given and tendered when delivered to the outer <br />part}• in person or sent, postage prepaid, by registered or certified mail, return receipt requested, <br />and addressed to the party at tltc address set forth below or such other address as shall be <br />designated by either of dte Parties prior dtercto by written notice to the other party. <br />Hazel Eleanor Stenerson <br />and Kimberly Ann Stenerson <br />6364 Clearview Road <br />Boulder, CO 80303 <br />12. <br />Cottonwood Land Company <br />Post Office Box 881007 <br />Steamboat Springs, CO 80488 <br />Attention: Thomas B. Petrosky <br />Public Notice. CLC and OWNER shall execute a Memorandum of Surface Use Agreement of <br />even date herewith stating the general provisions of this Surface Use Agreement and the lands <br />affected hereby to be recorded th dte records of the Routt County Clerk and Recorders office in <br />substantially the same form of Exhibit "A", attached hereto and made a part hereof. <br />IN WITNESS WHEREOF, the Parties have executed this Surface Use Agreement in duplicate as <br />of the date first above written, by their own hand and deed. <br />