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127; provided, however, that neither party waives claims against the other arising from breach of this <br />Agreement. <br /> <br />Mining Parties hereby waive all surface damage payments or other such payments for the use of the <br />Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, <br />common law or oil and gas lease or agreement for each and every well and related wellsite that is or will <br />be drilled and located within the Oil and Gas Operations Areas and for Production Facility Locations and <br />Pipelines and Petroleum Pipeline Easements and access roads. Noble may provide a copy of this <br />Agreement to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of <br />this waiver. <br />23. Construction. <br />The parties have participated jointly in the negotiating and drafting of this Agreement. In the <br />event ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if <br />drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring <br />either party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any <br />federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations <br />promulgated thereunder, unless the context requires otherwise. The word "including" shall mean <br />including, without limitation. <br />24. Applicable Law. <br />This Agreement shall be governed by and construed in accordance with the laws of the State of <br />Colorado, without reference to its conflict of laws provisions. <br />25. Entire Ao-Teement. <br />This Agreement sets forth the entire understanding between the parties regarding the matters <br />addressed herein, and supersedes any previous communications, representations or agreement, whether <br />oral or written. This Agreement shall not be amended, except by written document signed by the parties. <br />26. Execution and Binding Effect. <br />This Agreement may be executed in any number of counterparts, each of which shall be deemed <br />an original instrument, but all of which together shall constitute one and the same instrument. This <br />Agreement is executed by the parties on the dates set forth in the acknowledgements, but to be effective <br />on the date set forth above. <br />NOBLE ENERGY, INC. LAFARGE WEST, INC. <br />By: <br />By: <br />Tod Ohlheiser, VP GM <br />Rocky Mountain Aggregates <br />By: <br />Tim D. Iverson <br />- 11 -