Laserfiche WebLink
d - <br />• (b) Severability. If any provision of this Agreement shall prove to be illegal, <br />invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and in <br />lieu of each provision of this Agreement that is illegal, invalid or unenforceable, there shall be <br />added as a part of this Agreement a provision as similar in terms to such illegal, invalid or <br />unenforceable provision as may be possible and be legal, valid and enforceable. <br />(c) Waiver. This Agreement may not be amended nor any rights hereunder <br />waived except by an instrument in writing signed by the parties sought to be charged with such <br />amendment or waiver. The waiver by either party of any term of condition of this Agreement <br />shall not be deemed to constitute a continuing waiver thereof nor of any further or additional <br />right that such party may hold under this Agreement. <br />(d) Binding Effect. This Agreement shall be binding upon and shall inure to <br />the benefit of the Reservoir Company and Climax, and their respective successors and assigns. <br />(e) Integrated Agreement. This Agreement constitutes the entire agreement <br />between the parties. Except for the 1993 Agreement, as amended, this Agreement supersedes <br />any prior agreement or understandings between the parties. <br />(f) Headings. The paragraph headings used herein are inserted for <br />convenience of reference only and shall not alter, define or be used in construing the text of such <br />paragraphs. <br />• (g) Additional Documents. Climax and the Reservoir Company agree to <br />execute such additional documents and give such further assurances as may be reasonably <br />necessary to complete the transactions contemplated herein. <br />(h) Brokers' Fees. Climax has not retained any broker, agent or finder to sell <br />or obtain a buyer for Eagle Park Reservoir except Mountain Marketing Associates, Ltd., to whom <br />it has agreed to pay at Closing a commission in the amount of 6% of the Purchaser Price. Climax <br />shall indemnify and hold the Reservoir Company harmless for any liabilities for brokers' or <br />agents' fees or commissions. <br />(i) Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which shall be considered to be an original, but all of which together shall <br />constitute one and the same instrument. <br />Executed as of the date first set forth above. <br />CLIMAX MOLYBDENUM COMPANY, a <br />Delaware corporation <br />ATTEST: <br />fd2669 -15-