2004-11-09_REVISION - M2000016 (2)

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inducement made by either party or the agent of either party that is not contained in this Agreement shall be valid or binding. 16.8 For Convenience Only. The article and paragraph headings, captions and titles contained herein are intended for convenience and reference only and are not intended to define, limi= or describe the scone or intent of gay provision of this Agreement. 16.° Severabilit',~. Invalidation in anv of the provisions of this Agreement or any paragraph, sentence, c'_ause, phrase or word herein, or the aoolicatier_ thereof in any given circumstance shall not affect the validity of tY.e remainder of this Agreement. 16.10 Binding Affects. This Agreement shall be immediately binding upon and inure to the benefit of all the parties hereto and their respective heirs, persona representatives, successors and permitted assigns. 16.11 Joint and Several Liabilities. If there is more than one person cr entity constituting Tenant, the obligations cf such persons or entities shall be joint and several. 16.12 Time of the Essence. Time is of the essence for the performance of each and every provision hereof. 16.13 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue shall be proper in Weld County, Colorado. 17. The Landlord, its successors, agents and family members thereto shall continue to have access to the property herein demised for purposes of hunting and fishing on a not-to-interfere bzsis with the mining operation, but Tenant shall have no liability with respect to bodily injuries or accidents which may occur. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. LPNDLORD: TENANT: - D & S MINli73, INC. RICF.ARDSON CONTRACTING, iNC. /~ ~ - -0. iii // ~ BY : ~d~iY ~ A fi`/ On-I',1~~+..4' By :,~(~1ry.S-~=oz-- ~~;r,ri~ Freda Lee Dreiling~ Gordon Bartz, Vic President i rhn-na Kay Slabaszewski ~GOrdon Bartz ~- 13 r ._