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rau co u-r Vim: top ~U 32 /;i9Ii20 <br />FROM Michael L. Blake. P, C. PHONE Np <br />1.1. Force Maieure. <br />3032739620 P,4 <br />3037907219 Feb. 26 200a gg:27{r1 P4 <br />a. If, because of force majewe, either parry is unabk to carry out its non- <br />financial obligations under this A~txment, and if the party affected by the force roajctrre promptly <br />gives to the other party written notice of the force rnajeure, the obligation of the party giving the <br />notice shall be suspended to the extent made necessary by the force majeute and during iu <br />coatintlatn:e, provided the effect of the force majetrre is eliminsud inmfar as possible with all <br />dispatch. <br />b. fhe term "force majeure" shall mean any cause or rouses which materially <br />prevem the performance of the obligation arising tttrder this Agreerttent and which are >mt <br />rcasombly within the control of and ere withtwi the lsuh or negligence of the ttan-petfammg party, <br />and shall include, without limitation by eru®aaflon, ads of God, acts of public enemy, blockades, <br />irtsuacetioas, riots, disorelers, civil disoabances, fires, expkzsians, stortn5, lightttivg, wind, perils of <br />the sea, floodv, landslieles, boycons, sabotage, embargoes, acts of military authorities, acts of local, <br />static of federal agmcics or legislative and rt~ttlatory bodies, court actions, arrests tic tesaaitrtS. <br />c. The pubes shall use all reasonable nreaas of avoiding the oceruzcncc of any <br />of the foregoing item of force noajeure. Nothing contained herein shall be canstntcd so as to require <br />a party to settle a~+ stzr~ce or labor dispute in which it may tie involved. <br />12. Notices, Any tmtice provided for or coneerniag this Agreement shall 1x in writing <br />and be deemed sufficiently given when sent by certi&cd or registered mail if sent to the respective <br />address otexeh patty asset forth herein above. <br />13. ttnrrx:y Fees. In the event that any action is Sled or an arbitration is held in relation <br />co this Agreement, the successful party in the action or arbitration steal! be entitled to its reasonable <br />attorneys foes and costs related to such action. <br />14. atio~,5hjlr of the Parties. the relntonsbip of Ute patties to this Agreement is <br />limited to the purposes and transactions contained herein in accordance with the terms of this <br />Agrcemeni. Nothing contained herein shall be construed to create a general partnership, a limited <br />partnership, a joint venture, or any other similar relationship between the parties. <br />15. ~. paragraph headings are used solely for convenience of reference only and <br />shall not affect the construction of ury provision of this Agreement. <br />I6. Se~¢j~y. Should any provision of this Agreement or the Assignments tre held to <br />be void or unenforceable, the remaining provisions shall remain in full force and effect, to be read <br />and coastmed as if rho void or unenforceable provisions were deleted. <br />17. Goveran¢ Law_ This Ageemcnt shall be governed by the laws of the State of <br />Colorado. <br />~~ - r~. <br />~~_ <br />/~ , <br />,/ <br />