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f0. Defau/t: In the event of default by either party in the performance of the terms <br />and conditions of this Agreement, the defaulting party agrees to pay all attorney <br />fees and costs incurred by the non-defaulting party. If Seller fails to consummate <br />the sale (other than for Buyer's default, the down payment money shall be <br />returned to Buyer. In the event of default by Buyer, Seller shall have the right to <br />retain as liquidated damages all amounts paid by Buyer as a down payment. <br />11. Entice Agreement and Modification: This Agreement represents the full and <br />complete agreement between the parties regarding the subject matter hereof and <br />all parties executing this instrument have received a copy of same. The terms <br />and conditions of this Agreement merge with and supersede any prior or <br />contemporaneous, oral or written, statements or agreements. This Agreement <br />may only be modified or amended by a written instrument signed by both parties <br />hereto. <br />12. Further Assurances. Buyer, at the request of Seller, shall execute and deliver to <br />Seller any available instruments, agreements, documents, permits or applications, <br />or any other papers reasonably required by Seller, and Buyer shall do such other <br />acts as may be reasonably requested by Seller, all to effect the purposes of this <br />Agreement. Conversely, Seller, at the request of Buyer, shall execute and deliver <br />to Buyer any available instruments, agreements, documents, permits or <br />applications, or any other papers reasonably required by Buyer, and Seller shall <br />do such other acts as may be reasonably requested by Buyer, all to effect the <br />purposes of this Agreement. <br />13. Counterpart Agreements. This Agreement may be executed in any number of <br />counterparts and shall be binding upon all owners of an interest in the Coal <br />who execute the same or a counterpart hereof, whether or not named herein as <br />one of the parties, and whether or not the owners of the aforesaid interest have <br />executed other counterparts or have not entered into this Agreement. <br />14. Construction. Paragraph headings in this Agreement are inserted for convenience <br />only, and shall not be considered a part of this Agreement, or used in its <br />interpretation. Unless otherwise provided, or unless the context shall otherwise <br />require, words importing the singular number shall include the plural number, <br />words importing the masculine gender shall include the feminine gender, and vice <br />versa. This Agreement shall not be construed against either party merely or <br />solely because of the draftsmanship hereof. <br />15. Sioverning Law: This Agreement shall be construed in accordance with and <br />governed by the laws of the State of Colorado and all rules, regulations and <br />ordinances of the County of Routt. Each of the parties hereto consents to the <br />jurisdiction of any appropriate court in the State of Colorado in the event there is <br />a dispute or disagreement arising out of this Agreement. <br />16. Severance: Should any portion of this Agreement be declared invalid and <br />unenforceable, then such portion shall be deemed to be severed from this <br />Agreement and shall not affect the remainder thereof. <br />copurch.001/Itg - 4 - Paul Swisher Pi,rrhwc. n..,vo..,e... <br />