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25. Amendments: This Agreement shall be amended in writing only, and shall not be <br />effective unless and until signed by each of the parties hereto. <br />26. Miscellaneous Provisions: <br />(a) This Agreement embodies the entire understanding between the parties with <br />respect to the subject matter hereof and supersedes all prior negotiations, representations, <br />understandings or other writings. No revision, modification, waiver or amendment shall be <br />made by the terms of any purchase order or acknowledgment form. No revision, <br />modification or amendment of this Agreement shall be effective or binding upon the parties <br />hereto unless reduced to writing and signed by both parties. <br />(U) Failure orde]ayinexercisinganyrighthereundershallnotoperateasawaiver <br />thereof. The single or partial exercise by either party of any right hereunder shall not <br />preclude or prejudice any other further exercise thereof or the exercise of any other right. <br />(c) This Agreement and all the terms and provisions hereof shall be binding upon <br />and shall inure to the benefit of the successors and pern~itted assigns of the parties hereto. <br />(d) All rights and remedies under this Agreement shall be cumulative, aztd none <br />shall exclude any other right or remedy provided by law or equity, except as may be limited <br />by this Agreement. All such rights and remedies may be exercised and enforced <br />° concurrently and whenever and as often, as occasion for their exercise a<•ises. <br />(e) This Agreement does not create anemployer-employee relationship between <br />LESSOR and LESSEE, nor an agency, joint venture or partnership. Neither party shall have <br />the authority to act for the other or to bind the other in any way, nor to sign the name of or <br />to represent that the other is in any was responsible for the acts or omissions of the other. <br />(f) This Agreement shall be governed by and construed according to the laws of <br />the State of Colorado, without giving effect to principles of conflicts of laws. <br />(g) Headings are used in this Agreement for convenience of reference only and <br />shall be given no weight in the interpretation of this Agreement. <br />(h} If any clause, provision or section of this Agreement is ruled invalid by any <br />court of competent jurisdiction the invalidity of such clause, provision or section shall not <br />affect any of the remaining provisions hereof. <br />(i) Neither party shall be construed as having drafted this Agreement based upon <br />both parties' opportunity to review this Agreement with the counsel of its choice. <br />09/06/2002 L.G. 8verist /lock Island Land Co. Pagel l <br />Option and Leese Agreement <br />