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May-26-00 O1:23P J.R. Phillips <br />65/25/2000 19:59 303-3JG-0tl'1'1 <br />tlU0 ITUrWH lY'1 rs+i <br />• <br />P.O7 <br />rWS VO <br />from the Buyer's operation as it relates to the event, including the <br />destruction of tangible property and loos resulting therefrom and dlractly <br />caused, in whole or in part, by any negligent set or omission of the <br />Buyer, and/or any subcontractor, which shell not be construed to negate, <br />abridge or otharwlss reduce any other right or obligation of indemnity <br />which would otherwise exist se to any party or parson described in this <br />parngraph. Th• Buyer egress it will defend seilera against any claims, <br />actions and procedures nrisiny out o! the operations of the buyer <br />performed upon arty part of Sellers' Property herein described. <br />b. cellars shall indemnify and hold harales6 the Buyer and its <br />agents from and against all claims, damages, losses and expanses, <br />including, but not liaited to, attorney's fees arising out o! or resulting <br />from the destruction of tangible property end lose resulting tharefroa and <br />directly caused, in vhol• or in pert, by any negllgent set or oaiasion o! <br />the Sellers, which shall not ba construed tv negate, abridge or otherwise <br />reduce any other right or obligation of indemnity which would otherwise <br />exist as to any party or person described in this paragraph. <br />T1. Aasianmant of Ri ts. The rights of each party under this <br />Agreement era personal to the parties and may not be assigned or <br />transferred to any other person, lira, corporation or other entity without <br />tha prior, express or written consent of the other party. Neither party <br />shall unreasonably withhold consent. <br />2Z. modification of Acreament. Any modification of this Agreement or <br />additional obligation assumed by either party, in connection with this <br />Agreement, shall be binding only if evidenced in writing, signed by each <br />petty or authorized representative of each party. <br />23. No Waiver. The failure of either party to this Agreement to <br />insist upon the performance of any of the terms and conditions of this <br />Agreement, or the waiver of any breach oP any of the terms and conditions <br />of this Agreement, shall not he construed thereafter as a waiver oP any <br />such terse and conditions, but these shall continue to remain in full <br />force and effect as if no such forbearance or waiver has occurred. <br />24. Entire Agreement. This Agreement ahal] constitute the entire <br />agreement between the parties, and any prior understanding or <br />representation of any kind preceding the date of this Agreement shall not <br />be binding upon •ither party except to the extent incorporated in this <br />Agreement. <br />25. C~ylianee With Laws. Buyer shall nt all times during the term <br />of this Agreement cohform with all applieablw laws of the State of <br />Colorado and the United States and ell regulstions, rules and ordinances <br />of the city and/or county in whicR the property i• located. <br />N-6 <br />