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prior discussions and prior agreements and understandings relating to such <br />subject matter. <br />13. Survival The rights and obligations created by this Agreement shall survive the <br />Closing and shall not merge Into the Instruments of conveyance delivered at <br />Closing. <br />14. Governing Law This Agreement shall be governed by the laws of the State of <br />Colorado. <br />15. Integration and Severabllity This Agreement represents the entire agreement <br />between the Parties and there are no oral or collateral agreements or <br />understandings. This Agreement may be amended only by an instrument In <br />writing signed by the Parties. invalidation of any of the provisions of this <br />Agreement or of any paragraph, sentence, clause, phrase or word herein, or the <br />application thereof In any given circumstance, shall not affect the validity of the <br />remainder of this agreement. <br />IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first <br />above written. <br />AGGREGATE I TRI S — RAIL REGION, INC. <br />By <br />Title L G%L ?f-L6� I C — r <br />STATE OF COLORADO ) <br />SS <br />COUNTY OF ) <br />The foregoing instrument was acknowledged before me thin ay ofAla,_2004 <br />by rn� <br />WITNESS my hand and official seal. <br />My Commission expires: <br />Page 6 <br />