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10. Amendment <br />• This Agreement cannot be amended or modified except by writing indicating it is an amendment <br />to this Agreement, which amendment must be signed by Hill Ranch and Lorencito. <br />11. Assumption of Obli ations <br />Each party to this Agreement hereby assumes and agrees to pay, perform and discharge, all <br />claims, costs, expenses, liabilities and obligations with respect to the ownership, occupation, <br />operation, maintenance, exploration, development, mining or other activities of or on the Leased <br />Lands by that party, its employees, agents and contractors, including without limitation all <br />liabilities and obligations under this Agreement and those resulting from the party's breach <br />hereof. <br />12. Other Provisions <br />a. No modification of this Agreement shall be binding on either party unless reduced <br />to writing and signed by both parties. <br />b. This Agreement shall be governed by and construed and interpreted in accordance <br />with the laws of the State of Colorado, excluding its conflicts of law principles. <br />Each party has participated in the drafting of this Agreement, and this Agreement <br />shall not be construed against any party on such basis. <br />• c. Nothing herein shall be construed to make or constitute Lorencito or Hill Ranch <br />the employee, agent, partner, joint venturer or contractor of the other party. <br />d. This Agreement shall be binding on, and shall inure to the benefit of the parties <br />hereto and its respective'sirccessors and assigns. Nothing contained in this <br />Agreement, express or implied, is intended to confer on any other person or entity <br />any benefits, rights or remedies. <br />e. This Agreement maybe executed in several counterparts any one of which may <br />be deemed an original if executed by the party against whom enforcement of this <br />Agreement is sought. <br />f. Each party agrees to execute and deliver, or cause to be executed and delivered, <br />after execution of this Agreement, such documents or instruments reasonably <br />requested in order to further the purposes of this Agreement and the activities of <br />the parties contemplated under this Agreement. <br />g. Lorencito will defend and hold harmless Hills against any claims by third parties <br />arising from Lorencito's operations or activities under this Agreement. <br /> <br />SURFACE ACRT FMAL 6-25-01 Aoc <br />