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• and MAI hereby waives any right to further notice, other than the notice of breach provided under this subsection (b), or any further opportunity to cure any such breach. (c) If MAI, upon termination of this Agreement, fails to promptly remove its equipment from the Property pursuant to Section 4 above, Golden may enter upon the Property and remove such equipment and structures and recover from MAI the cost of removal. (d) MAI hereby acknowledges that time is of the essence in the performance of its obligations hereunder. 9. Reservation of Rights. Nothing herein shall be construed as Golden's acknowledgement that the MAI Lease constitutes an extension of the DFG Lease, and Golden expressly reserves all rights to challenge any characterization of the MAI Lease as an extension of the DFG Lease. 10. Miscellaneous. (a) This Agreement shall be construed under and governed by the laws of the State of Colorado. (b) This Agreement shall be binding on and shall inure to the benefit of the parties hereto, their successors and assigns. MAI shall not assign this Agreement or any interest therein without the prior written consent of Golden, which consent may not be unreasonably withheld. For purposes hereof, any merger, consolidation, liquidation or sale of all or substantially all of the assets or capital stock of MAI shall constitute an assignment hereunder. (c) In the event of any dispute between the parties under this Agreement, the prevailing party in any claim or action brought shall be entitled to collect attorneys' fees and costs from the other party. (d) The parties agree to execute all further documents necessary to effectuate the provisions hereof. Golden. (e) This Agreement may be placed of record by (f) Nothing in this Agreement shall be deemed to create an agency relationship between Golden and MAI, nor shall any partnership, joint venture or other relationship between the parties be created. -7-