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04/15/2005 11'59 FAX 3039576336 VILLANO EROS FARMS ~j002/006 <br />8. Confldeatislity: Except as required by law, Southwestern agrees not to <br />voluntarily furnish or disclose arty information or data pertaining to geologic, hydrologic, soil or <br />water quality, or other environmental conditions existing at the Villanos' Property which is <br />obtained from any work performed under this Access Agreement, ox by any other means, <br />(hereinafter "Environmental Data") to any person, except to attorneys within the law firm <br />representing Southwestern, of the employees or agents of such law firm, without the prior written <br />consent of the Robert Villano and Dean Villano, 13050 Weld County Road 10, Ft. Lupton, <br />Colorado 80621, (303-893-5252). All persons permitted access to the)wnvironmetttal Data shall <br />be specifically advised of the confidentiality terms within this Access Agreement. la the eosin <br />that Southwestern has reason to believe that disclosure of the Envitvmnental Data is required by <br />law, Southwestern agrees to notify the Villanos and discuss the disclosure issue with the Villanos <br />prior to making any such disclosure. <br />9. Seve ' ' In the event that any portion of this Access Agreement is <br />determined by a court to be invalid, the remainder of this Access Agreement shall not be affected <br />tliereby and shall remain in force. <br />10. Assi~m, eyt: This Acbess Agreement miay not be assigned or delegated in whole <br />or in part by Southwestern without the prior written wnsent of the Villanos, as described in ¶ 8, <br />and such consent may be withheld by the Villanos in their sole and absolute discr~etton. Except <br />as restricted in this ¶ 10, this Access Agreemmem shall inure to the benefit of and be binding upon <br />the Parties and their respective personal n~teserltatives, trusters, trust beneficiaries, distributees, <br />hens, successors, assigns, and gantees. <br />11. Modification: The terms of this Access Agreement may only be modified, <br />changed, waived, discharged or terxnirtated by written consent of all Parties hereto. <br />12. Teter Soutbwestern's right of access under this Axes Agreement is <br />nonexclusive, is completely revocable at the YlUonos'sole dErcred'nn, and shall cmnimence upon <br />the Effective Date, and terminate three hundred sixty-Jive days thereafter, uNess extended or <br />tethtinated prior to that date in writing by the Villanos. All other provisions of this Access <br />Agreement shall survive the termination of Southwestem's right to access. <br />13. Entire Agreement: This Access Agreement contains the entire ageement <br />between the Patties concerning the subject matter contained heroin and supersedes any previou9 <br />or contemporaneous agreements, negotiations, or understandings wlth respect thereto. <br />14. A_Qthority To Eaecnte: The person signing for Southwestern warrants that he or <br />she has the complete authority to sign on behalf of and bind Southwestern. <br />1S. Notices: All notices provided for herein shall be in writing and shall be deemed <br />given to a Party when a copy thereof, addressed to such Party as herein provided is actually <br />delivered, by personal delivery, by certified mail, commercial courier, or successful facsimile <br />transmission, at the address or facsimile number of such Party provided below: <br />