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<br />If to the Reservoir Company: Eagle Park Reservoir Company <br />846 Forest Road <br />Vail, CO 81657 <br />Attn: Manager <br />with a copy to: Glenn E. Porzak <br />Porzak Browning & Johnson LLP <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />If to Climax: Climax Molybdenum Company <br />Henderson Mine <br />P.O. Box 68 <br />Empire, CO 80438 <br />Attn: Manager <br />with a copy to: Brian M. Nazarenus <br />1400 Glenarm Place, Suite 300 <br />Denver, CO 80202 <br />Any party may change its address by giving notice in the manner provided hereunder. <br />20. Survival of Terms. The representations; warranties, covenants and options given <br />by each party hereunder, and the parties' remedies, obligations and indemnities set forth herein, <br />shall be deemed to be continuing in nature, shall survive the Closings, and shall not merge with <br />the conveyances provided herein. <br />21. Force Maieure. Notwithstanding anything herein to the contrary, the Reservoir <br />Company agrees not to hold Climax responsible for any losses or damages incurred by the <br />Reservoir Company or its shareholders as a result of Climax's inability to perform its obligations <br />hereunder due to the following causes, if beyond Climax's direct or indirect control, and when <br />occurring through no direct or indirect fault of Climax: acts of God; natural disasters; actions or <br />failure to act by governmental authorities; unavailability of power, fuel, supplies or equipment <br />critical to Climax's activities hereunder; major equipment or facility breakdown; and changes in <br />Colorado or federal law, including, without limitation, change in any permit requirements. <br />22. No Partnership. It is not the intention of the parties to create, nor shall this <br />Agreement be construed as creating, a partnership, joint venture, agency relationship or <br />association, or render the parties liable as partners, co-venturers or principals. <br />23. Miscellaneous. <br />(a) Applicable Law. This Agreement and the parties' obligations hereunder <br />shall be governed, construed, and enforced in accordance with the laws of the State of Colorado. <br />is <br />• <br />• <br />fd2669 -14-