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Feb 26 04 09: 24p 3032739i1i2U <br /> FRll11 Michael L Blake. P. C. <br />C J <br />1.1. Force Maieure. <br />JUJG /JSUCU <br />r•~ <br />PtgNE N0. 3037907219 Feb. 26 200a 0B=27W't Pa <br />a. If, berme of force majcwe, either patty is tmabk m carry out its non- <br />5naucial old igati~s ttttdc this A.grtxmcnt, and if the party affected by the force roajcute promptly <br />gives to the other petty written aotiu of the force majeute, the obligation of the patty giving the <br />notice shall be stupe+tded m the cxieru made Mary by the force majetrre and dutvlg its <br />contbouatx:e, provided the effax of the force tnajerue is ciiminatecl inmfar as possible with all <br />dispatch. <br />b, ilte term "force miajeure' shall rheas any cause oz catues which tnateria0y <br />prevcm the Performance of tta obligation arising trader this Agreement atld which att trot <br />rrasombly within the control of and are trrithout the fauh or negligence of the tam-pezforming patty, <br />and shall include, wiUwut limitation by ems, ads of God, acts of public enemy, blockades, <br />inwuoctions, riots. disnrders, civr7 ditsdabstues, 5*es, explosions, stotros, lightning, wind, perils of <br />the sea, floods, landslides, boyurds, sabotage, embargoes, acts of military atlthoritics, acts of local, <br />smcc of federal agencies or legislative a~ regulatory bodies, court actions, a~ a' restraints. <br />c. The parties shall ttse all reasonable mesas of avoiding the occturcacc of any <br />of the foregoing iuuss of force rtajeure. Nothing co~tined herein shall )k caatsttttcd so as m require <br />a party to"settle any arnica or labor dispute in which it may be involved. <br />12. Notices Any notice provided for or concerning U1is Agreement shall be in writing <br />and be deemed sufficiently gives when sent by certified or registered mail if sent to the respective <br />. address of each party as sec forth herein above. <br />13. Atrnrn ~v Fear, nn the event tllat any action is Sled or an arbitration is held in ralation <br />to this Agreement, the succcssfll party in the action or arbitration shall be entitled to its reasonable <br />attorneys fees and costs related to such action. <br />14. tatioa5hip of the Parties. The relationship of the parties to this Agreement is <br />limited to the purposes and transactions contained herein in accordance with the terms of this <br />Agreerrteat. Nothing contained herein shall be construed m create a general partnership, a limited <br />partnership, a joint venture, or any other similtu relatiotl5hip between tfie panties. <br />15. ]. Paragraph headings are used solely for convenience of reference only std <br />shall not affect the eonsrruetion of any provision of this Agretanatt. <br />l ti. Sew ¢yVly. Should any provision of this Agreement or rite Assignnterls ire held to <br />be void or tmenforceable, the remaining provisions shall remain in full force and effce>, to he read <br />and coashued as if the void or unenforceable provisions were deleted. <br />17. Governing Laty. This Agreement shall be governed by U1e laws of the State of <br />Colorado. <br />-- `l~. <br />~~ <br />i <br />