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23. Authori Each person executing this Agreement represents and warrants that <br />he or she has been duly authorized by one of the parties to execute this Agreement and has <br />authority to bind said party to the terms and conditions hereof. <br />24. No Partnership or Agency Created. The making and execution of this Agreement <br />shall not be deemed to create any partnership, joint venture or other relationship between the <br />parties or any of them and no party shall be deemed an agent of any other party because of this <br />Agreement or anything contained herein. <br />25. Severability. If any covenant, term, condition or provision contained in this <br />Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable <br />in any respect, such covenant, term, condition or provision shall be severed or modified to the <br />extent necessary to make it enforceable, and the resulting Agreement shall remain in full force <br />and effect. <br />26. Governing Law. This Agreement shall be governed by the laws of the state of <br />Colorado, which state shall also be deemed the place where this Agreement was entered into and <br />the place of performance and transaction of business of the parties. In the event of litigation <br />pertaining to this Agreement, the exclusive fotum, venue, and place of jurisdiction also shall be <br />Colorado unless otherwise designated in writing by the parties. <br />27. Captions. The captions for the paragraphs of this Agreement are included for <br />purposes of convenience only and shall not affect the construction or interpretation of any of its <br />provisions. <br />WHEREFORE, the parties hereto have executed this Agreement on the day and year first <br />written above. <br />CITY OF RIFLE, COLORADO: <br />I~\2001\Clienu\RIFLE\R~3J\Agrtemenu\Mining OµAgnsmem wpd <br />August 8, 2001 '7- <br />