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,,, -. <br />the County and need not pay interest or otherwise account for the profits or interest <br />earned on the Cash Collateral. Within 20 days after all of Harden's obligations under the <br />Permit have been liquidated and fully satisfied, County shall return to Harden the Cash <br />Collateral or, if any portion has been applied to satisfy Harden's obligations under the <br />Permit, the portion remaining, together with a written reconciliation showing the <br />application of any portion of the Cash Collateral. <br />4. Attorney Fees. In the event either party to this Pledge Agreement brings suit to enforce <br />or interpret any portion of this Pledge Agreement, the party substantially prevailing in <br />such action shall be entitled to recover all costs incurred in such action including, without <br />limitation, reasonable attorney's fees. <br />5. Choice of Law and Venue. The Pledge Agreement shall be governed by and construed in <br />accordance with the internal laws of the State of Colorado without reference to choice of <br />law rules. The parties agree that venue in any action to enforce or interpret this Pledge <br />Agreement shall be in the District Court in the SI" Judicial District for the State of <br />Colorado. <br />6. Entire Agreement. This Pledge Agreement shall be binding on and inure to the benefit of <br />the parties hereto, their respective successors and assigns, and shall not be deemed to be <br />for the benefit of or enforceable by any third party. This Pledge Agreement and the <br />Permit constitute the entire agreement between the parties concerning the Cash Collateral <br />and may not be amended except by a written document executed by both parties hereto. <br />Clear Creek County, Colorado <br />By: <br />seph Curtis Harden Chairman, BOCC <br />Attest: ,n-~a- ~ ~ Attest: <br />Deputy Clerk <br />`I~1~ a~,~rn~~ a~ ai Ipg <br />!~UBLIG <br />~' <br />Gi\DEPTDATA\WPS]\PLANNING\CASES\SUPS\2004\04-SUP-12\cash collateral agreemerttwpd Page 2 <br />