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.• ;.; <br />provision of this Agreement to the satisfaction of Owner, the Owner after seven <br />(7) days written notice to Contractor, and without prejudice to any other remedy <br />Owner may have, may correct such deficiencies in any manner and by any means or <br />methods deemed necessary by Owner, or in the alternative, at Owner's option, <br />Owner may terminate this Agreement and take possession of the site and of all <br />materials, equipment, tools and construction equipment and machinery thereon <br />owned by Contractor and may finish the Work by whatever method Owner may deem <br />expedient, Contractor shall promptly pay to Owner aII costa, expenses, and <br />legal fees incurred by Owner if Owner exercises its rights pursuant to this <br />paragraph 10. <br />11. Jurisdiction and Venue. Venue for any cause of action or suit upon or <br />relating to this Agreement must be brought in the District Court in and for <br />Routt County, Colorado. Contractor, upon proper service, agrees to and hereby <br />submits to the jurisdiction of such court. <br />12. Attorney's fees. If either party commences any proceedings to enforce <br />any of the provisions of this Agreement, in addition to any other relief awarded <br />by the Court, the prevailing party shall be awarded its reasonable attorney's <br />fees, costa and expenses incurred in such enforcement proceedings. <br />13. Assignment. This Agreement may not be assigned by Contractor without <br />the prior written consent of Owner. <br />14. Miscellaneous. This Agreement shall be governed by and construed in <br />accordance with Colorado law and shall bind and inure to the benefit of all <br />successors and permitted assigns of the parties hereto. <br />SUN COAL COMPANY, INC. <br />BY ~ .c~i1'l/~/jirayeG~~Y~E~il~ <br />Bry J. her, anager <br />-6- <br />