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This paragraph shall not prohibit the transfer of a fee title or leasehold interest in the <br />Mitigation Property that is subject to the terms of this Easement. This paragraph shall <br />also not prohibit the granting of future compatible utility easements. <br />16. Amendment <br />The Grantor and the District may amend this Easement only by mutual written agreement <br />and with the written approval of the Corps. Any such amendment shall be consistent <br />with the purposes of this Easement and shall not affect its perpetual duration. <br />17. General Provisions <br />A. Controlling Law. The laws of the State of Colorado and applicable federal law <br />shall govern the interpretation and performance of this Easement. <br />B. Construction. Any general rule of construction to the contrary notwithstanding, <br />this Easement shall be construed in a manner to effect the conservation purposes <br />of this Easement. If any provision of this instrument is found to be ambiguous, an <br />interpretation consistent with the purposes of the Easement what would render the <br />provisions valid shall be favored over any interpretation that would render it <br />invalid. <br />C. Severability. If any provision of this Easement, or the application thereof to any <br />person or circumstance, is found to be invalid, the remainder of the provisions of <br />this Easement, or the application of such provision to persons or circumstances <br />other than those to which it is found to be invalid, as the case may be, shall not be <br />affected thereby. <br />D. Entire Agreement. This instrument sets for the entire agreement of the parties <br />with respect to the Mitigation Property and supersedes all prior discussions, <br />negotiations, understandings, or agreements related to the Mitigation Property. <br />E. No Forfeiture. Nothing contained herein will result in forfeiture or reversions of <br />Grantor's title in any respect. <br />F. Successors. The covenants, terms, conditions, and restriction of this Easement <br />shall be binding upon, and inure to the benefit of, the parties hereto and their <br />respective heirs, successors and assigns shall continue as servitude running in <br />perpetuity with the Mitigation Property. <br />G. Captions. The captions in this instrument have been inserted solely for <br />convenience of reference and are not a part of this instrument and shall have no <br />effect upon construction or interpretation.