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the Leased Property, subject to all terms of this Lease, but a subcontract shall not relieve Lessee of its obligations under this Lease to Lessor, XVI. LESSOR' WARRANTIES Lessor represents and warrants that they possess fee simple title to the Leased Property, that they have the right, authority and power to enter into this Lease and that by doing so they are not interfering with the mineral rights of any third party; and that there are no claims, governmental contention or litigation pending or threatened concerning or affecting their right, authority and power to enter into this Lease. Lessor further represents and warrants that the only encumbrances upon the Leased Property are those described in Exhibit B. Lessor agrees to timely pay all amounts due on encumbrances on the Leased Property, or any part thereof, and to not allow the leased premises, or any part thereof to be foreclosed upon. In the event of a breach of this Lease, Lessee may, but is not obligated to, cure any default on such encumbrances; in which case, Lessee shall be entitled to set off against amounts otherwise due Lessor, any and all amounts so expended, including Lessee's reasonable attorneys' fees and expenses therefrom, and including interest on amounts so expended at the rate of twelve percent (12%) per annum, XVII. MEMORANDUM OF LEAS Lessor and Lessee agree to execute concurrently with the execution of this Gravel Lease Agreement, a Memorandum of Lease in a form suitable for recording with the Clerk and Recorder of Mesa County, Colorado. The Memorandum shall be recorded at Lessee's expense. XIII. DISPUTE RF_SOLUTION In the event of a dispute of any kind or nature arising out of this Lease, the parties shall negotiate in good faith to resolve the dispute. If no resolution can then be reached, either party may resort to an appropriate court. In such case, the court shall award costs of litigation and reasonable,attorneys' fees to the prevailing party. XIX, E~LTIR~ AGREEMENT Lessor and Lessee agree that this Lease contains the entire agreement between the parties, Any modification of this Lease shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. XX. COLORADO LAW This Lease and the rights and obligations of the parties hereunder shall be interpreted according to the laws of the State of Colorado. Venue shall be proper in either Mesa County or Mesa County, Colorado.