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judgment or other award entered therein, the costs and expenses, including reasonable <br />attoiueys` fees, hicmred by the prevailutg Parry iu the lifigation or proceeding. <br />(p) Authority. Each of the Parties hereto represent to the other that such Puty <br />has firll power and authority to execute, deliver and perfom: this Assignment, and that the <br />individuals executing this Assignment on behalf of the Party are fully empowered and <br />authorized to do so. <br />(q) Binding Effect. This Assignment shall be bipding upon a,~d inure to the <br />benefit of the Parties hereto and their respective successoxs and permitted assigns. <br />(r) No Benefieiazies. No third parties are intended to benefit by the covenants, <br />agreements, representations, warranties or any other terms or conditions of this Assignment, <br />(s) Execution of Countamarts. This Assignment may be executed in any <br />munber of counterparts, each of which shall be deemed to be an originai, and all of which <br />shall constitute one and the same instrument. <br />(t) Joint Draftine. The Parties hereby acknowledge that this Assignment <br />represents the negotiated terms, covenants and conditions of the Pazties, and the Party <br />responsible for drafting any such term, covanattt or condition shall not be prejudiced by any <br />presumption, canon of bonshvction, implication or rule requiring construction or <br />interpretation against the Party drafting the same. <br />T1iE PARTIES have executed this Assignment to be effective as of the date and year fast <br />above written, notwithstanding the actual date o£execntion. <br />BROMLEY: <br />BROMLEY MINERAL FIOLDINGS, LLC, <br />a Colorado limited liability company <br />By. .... <br />Robert A. Lembke, Manager <br />DENVER: <br />CITY AND COUN'T'Y OF DENVER, <br />acting by and through its <br />BOARD OF WATER COMIvIISSIONERS, <br />a municipal corporation of the State of Colorado <br />'~v- (~ J'{3n„~y ,Manager <br />toosceisar~} - I1- <br />