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2. All of the terms and conditions of this Agreement shall be extended to and be binding <br />upon the successors, heirs, and assigns of the respective parties. Upon written <br />notice to Owner, TCC may assign its rights hereunder. <br />3. This document and the attached exhibits contain the entire agreement of the parties <br />and supersede any discussions, representations, correspondence, and <br />understandings not included herein. <br />4. No amendment or modification of this Agreement shall be effective unless made in <br />writing and signed by the party to be charged therewith or its authorized <br />representative. Waiver of performance of any provision hereof shall not preclude the <br />right to insist on full performance thereafter. <br />5. Each party agrees to hold the other harmless from any liability to or claim by any <br />broker, agent or finder as a result of this Agreement. <br />6. This Agreement was negotiated by the parties and shall not be construed more <br />strictly against either one of them in favor of the other. <br />7. All Section headings are inserted for convenience only and shall not affect the <br />construction or interpretation of this Agreement. <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first <br />above written. <br />Camilletti and Sons, Inc. <br />Frank H. Camilletti, President <br />TWENTYMILE COAL COMPANY <br />Chuck Burggraf, Operatio s ana er <br />4 <br />