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• (ii) If to Seller: <br />Axial Basin Ranch Company <br />H-G Coal Company <br />c/o Davis, Graham & Stubbs, L.L.C. <br />4700 Republic Plaza <br />370 Seventeenth Street <br />Denver, Colorado 80202 <br />Attention: John G. McGrath <br />Telephone: (303) 892-9400 <br />Facsimile: (303) 893-1379 <br />(iii) If to the Escrow Agent: <br />Transamerica Title Insurance Company <br />Attention: <br />Telephone: (_) <br />Facsimile: ( ) <br />or at such other address as any party shall request by a notice <br />given pursuant to this Paragraph 7. <br />8. Attorneys' Fees. In the event suit is brought for <br />any form of relief hereunder, the prevailing party in such suit <br />. shall be entitled to recover, in addition to any other relief <br />available to such party, reasonable attorneys' fees incurred in <br />connection with such suit. <br />9. Choice of Law. The validity and effect of this <br />Agreement shall be determined in accordance with the laws of the <br />State of Colorado. <br />10. Counterparts. This Agreement may be executed in <br />counterparts and, when counterparts of this Agreement have been <br />executed and delivered by each of the parties hereto, this <br />Agreement shall be fully binding and effective, just as if each <br />of the parties hereto had executed and delivered a single <br />counterpart hereof. <br />11. Entire Agreement. This Agreement contains the <br />entire contract, understanding, and agreement between the parties <br />with respect to the subject matter hereof, and supersedes all <br />prior understandings, statements, discussions, negotiations, and <br />correspondence, all of which are by the execution hereof rendered <br />null and void. No amendment or modification of this Agreement <br />shall be made or deemed to have been made unless made in writing <br />executed by the party or parties to be bound thereby. <br />-4- <br />