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monetary damages to Company, or any other party, whether based upon breach of contract, <br />tort, strict liability or any other claim for relief of whatever nature or description. However, <br />Company may be awarded specific performance, injunctive relief or other similar remedy if <br />proven by Company. Company shall have the burden of proof for such relief. <br />9. FURTHER AGREEMENT. It is understood that this agreement does not <br />grant any type of consent or permission by Prowers County to JBS Five Rivers Ranch Cattle <br />Feeding LLC to utilize for mining purposes any property owned by Prowers County. It is <br />understood that the mining permit which has been requested from the Colorado Division of <br />Reclamation, Mining and Safety will not include any property owned by Prowers County. <br />A separate written agreement between Prowers County and JBS Five Rivers Ranch Cattle <br />Feeding LLC will be required concerning the use for mining purposes of any property <br />owned by Prowers County, including but not limited to County Road LL, and any other <br />property owned by Prowers County. JBS Five Rivers Ranch Cattle Feeding LLC also <br />agrees that it will be required to apply for a 1041 Permit pursuant to regulations adopted by <br />Prowers County, and that this Agreement does not waive or amend such requirement. <br />10. NOTICE. Any notice required hereunder shall be given by (a) personal <br />service, (b) certified mail, return receipt requested, (c) facsimile, provided such notice is also <br />sent by either certified mail or regular mail the same day, or (d) e-mail, provided such notice <br />is also sent by either catified marl or regular mail the same day. Notice shall be effective as <br />of the date of service, except that if notice is given by certified mail, notice shall be deemed <br />to have been given three days after the date of such mailing. <br />11. BINDING EFFECT. This Agreement is binding upon the parties and their <br />respective successors and permitted assigns. In the event of any conflict with the provisions <br />of the main agreement, the provisions of this Addendum will control. <br />BOARD OF COUNTY COMMISSIONERS <br />PROWERS COUNTY, COLORADO <br />By <br />Joe D. ble, Chairman <br />By <br />Henry Sdinabel, Vice Chairman <br />By....... .. 111.:::;L <br />Gene Millbrand, ommissio er <br />JBS FIVE RIVERS RANCH CATTLE <br />FEEDING LLC <br />By <br />Member na <br />Date Signe : 10114 , 2010 <br />Attest: <br />Jana Cded, C Clerk <br />Date Signed: M- /? , 2010