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CM0001045 <br />• <br />-U . <br />9. Notices. Any notice required or permitted to be given hereunder shall be given in <br />the manner and to the addresses set forth in paragraph 19 of the 1998 Agreement. <br />10. Binding Agreement. This Agreement and the rights and obligations created <br />hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective <br />successors and assigns. <br />11. Amendment. This Agreement may be amended, modified, changed, or terminated <br />in whole or in part only by written agreement duly authorized and executed by the Parties hereto. <br />11 Termination. Paragraphs 2, 3 and 4 of this Agreement shall terminate in the event <br />the Facility is not constructed by Climax by July 13, 2008, which is the date of expiration of the <br />Eagle County 1041 permit for the Facility. Upon such termination the escrowed documents shall <br />be returned to the applicable Parties pursuant to paragraph 3 above, whereupon the terms of <br />paragraph 8 of the 1999 Agreement shall remain in full force. and effect except as modified by <br />paragraph 1 above. Notwithstanding any such termination, the remaining terms of this <br />Agreement (all paragraphs except paragraphs 2, 3 and 4) shall remain in full force and effect, and <br />the Reservoir Company shall continue to be bound by the agreement that the condition set forth <br />in paragraphs 8(d) and 8(e) of the 1998 Agreement has been met, and the parties shall execute <br />and deliver the deeds provided for in paragraph 6 above. <br />IN WITNESS WHEREOF the Parties hereto have caused their names to be affixed by <br />proper officers hereof, having the requisite authority to enter into this Agreement, to be effective <br />as of the day and year first above written. <br />CLIMAX MOLYBDENUM COMPANY, a Delaware <br />corporation <br />B <br />,'William D. Rech <br />Vice President <br />010297 <br />6 <br />• <br />is