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waives the right to enforce the same or any other provision in case of a later breach <br />by Twentymile. <br />17. Amendment. This Agreement may be amended only by a written amendment <br />signed by both parties. <br />18. Attorney's Fees. If one party breaches this Agreement and the other party begins <br />legal action to enforce its rights, the party who is successful in the action shall be <br />entitled to be paid its expenses and costs of the action, including, without limitation, <br />reasonable attorney's fees incurred for such. <br />19. Assignment. Neither party may assign or otherwise transfer in whole or in part this <br />Agreement or any interest in it without the prior written consent of the other party, <br />which consent shall not be unreasonably withheld; provided, however, that either <br />party may, without restriction, assign this Agreement to any of their respective <br />subsidiaries or affiliates. Any assignment or transfer in violation hereof shall be void <br />and invalid. <br />20. Recordation. This Agreement may not be recorded; however, the parties hereto <br />have agreed to execute a Memorandum of Subsidence Agreement for recording <br />purposes in substantially the same form as that attached hereto as Exhibit "C"and <br />made a part hereof, which will refer to and incorporate this Agreement therein by <br />reference. <br />21. Surrender of the Premises. When this Agreement is terminated or the current <br />Agreement term expires, Twentymile shall peaceably surrender the Lands to <br />Surface Owner, free and clear of all liens and encumbrances made or allowed by <br />Twentymile or in any way arising out of this Agreement or Twentymile's use of the <br />Lands. In addition, at the end of this Agreement Twentymile agrees to the following: <br />a. To repair any damages to Surface Owner's improvements caused by <br />Twentymile's operations; <br />b. To remove any and all buildings, equipment, materials, supplies and all other <br />improvements placed upon the Lands by Twentymile at its own cost, risk and <br />expense within ninety (90) days after the effective date of termination of this <br />Agreement; <br />c. To perform all reclamation which maybe required by federal and state law; and <br />d. Provide Surface Owner with a Release of Subsidence Agreement in recordable <br />form. <br />22. Notices. Any and all payments, notices, requests, demands and other <br />communications required or permitted to be given hereunder shall be in writing and <br />shall be deemed to have been duly given: (a) when delivered if delivered <br />personally; (b) when sent if given by prepaid telegram; or (c) one (1) day after the <br />cosubsid.doc/ltg - $ - <br />