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2004-09-14_GENERAL DOCUMENTS - M1993041
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2004-09-14_GENERAL DOCUMENTS - M1993041
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Last modified
5/5/2020 3:43:37 PM
Creation date
11/23/2007 6:24:46 PM
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DRMS Permit Index
Permit No
M1993041
IBM Index Class Name
General Documents
Doc Date
9/14/2004
Doc Name
Compliance with Permit Stipulations
From
Banks and Gesso LLC
To
DMG
Media Type
D
Archive
No
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16. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional <br />documents and to take any additional action necessary to carry out this <br />Agreement. <br />17. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement <br />between the parties and there are no oral or collateral agreements or <br />understandings. This Agreement may be amended only by an instrument in writing <br />signed by the parties. <br />18. DEFAULT. Time is of the essence, and if any payment or any other condition, <br />obligation or duty is not timely made, tendered or performed by either party, <br />then this Agreement, at the option of the party who is not in default, may be <br />terminated by the non-defaulting party, in which case, the nan-defaulting party <br />may recover such damages as may be proper. If the non-defaulting party elects <br />to treat this Agreement as being in full force and effect, the non-defaulting <br />party shall have the right to an action for specific performance or damages,. or <br />both. <br />19. NAIYER OF BREACH. The waiver by any party to this Agreement of a breach of <br />any term or provision of this Agreement shall not operate or be construed as a <br />waiver of any subsequent breach by any party. <br />20. ATTORNEY'S FEES. If there is a breach of this Agreement, the breaching <br />party shad pay to the other party all of the reasonable attorneys' fees and <br />costs incurred in enforcing this Agreement, whether or not legal proceedings are <br />instituted. <br />21. BINDING EFFECT. This Agreement shall inure to the benefit of, and be <br />binding upon, the parties and their respective legal representatives, successors, <br />and assigns; provided, however, that nothing in this paragraph shall be construed <br />to permit the assignment of this agreement except as otherwise specifically <br />authorized in this Agreement. This Agreement shall be recorded at the expense <br />of the Licensee. <br />22. GOVERNING LAN. This Agreement shall be governed by the laws of Colorado. <br />23. COUNTERPARTS. This Agreement may be executed in several counterparts and, <br />as so executed, shall constitute one Agreement, binding on all the parties even <br />though all the parties have not signed the same counterpart. Any counterpart of <br />this Agreement which has attached to it separate signature pages, which <br />altogether contain the signatures of all the parties, shall be deemed a fully <br />executed instrument for all purposes. <br />DATED: n, ~ - ? i 19~~ <br />HIGHLAND DITCH COMPANY, <br />a mutual ditch company <br />By ~` <br />o er c i age rest en <br />
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