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remaining material. The length of this option will be for an <br />additional five years. In order to exercise such option Elam shall <br />give written notice to Lessor at least Ninety (90j days before the <br />expiration of the original lease term. If the option is exercised, <br />each and every provision hereof shall be applicable to such <br />extended term. <br />12. NOTICE. Any notice required pursuant hereto shall be in <br />writing and shall be given by certified or registered mail, return <br />receipt requested, addressed to the parties at the addresses shown <br />in the fist paragraph herein. Any such notice may also be <br />delivered personally with receipt taken therefor. Such notice <br />shall be effective on the date of mailing or on the date of <br />receipt for personal delivery. Either party may change the mailing <br />address for notices by written delivered pursuant to this <br />paragraph. <br />13. DISPIITES. Elam and Lessor are both willing to try to solve <br />any dispute through arbitration initially. If not able to solve <br />through arbitration, all attorney fees and costs incurred in any <br />dispute between Lessor and Elam will be their own responsibility. <br />Arbitration to be in accordance of the American Arbitration <br />Association. This Lease Agreement to be bound under the Rules and <br />Laws of the State of Colorado. The State of Colorado, Division of <br />Minerals and Geology requires that the operator of a sand and <br />gravel facility provide agreements to be liable for any damages to <br />any significant, valuable man-made structures located within 200 <br />feet of the gravel operations. Elam hereby certifies that Lessor <br />will be compensated for any costs incurred resulting from damage <br />to their man-made structures located on, or within 200 feet of the <br />leased premises. <br />14. 5EVERABILITY. If any portion of this agreement shall be held <br />to be invalid or unenforceable for any reason, the remaining <br />provisions shall continue to be valid and enforceable. If a court <br />finds that any provision of this agreement is invalid or <br />unenforceable, but that by limiting such provision, it would <br />become valid and enforceable, then such provision shall be deemed <br />to be written, construed, and enforced as so limited. <br />15. ENTIRE AGREEMENT. This agreement contains the entire <br />agreement of the parties and there are no other promises ox <br />conditions in any other agreement whether oral or written. This <br />agreement shall be binding upon and inure to the benefit of the <br />heirs, personal representatives, successors and assigns of the <br />parties hereto. <br />5 <br />