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CMO001157 <br />• <br /> <br />experience in the review and determination of such matters as <br />may be the subject of dispute. Any award rendered in <br />arbitration will be final and binding and may be enforced in <br />any court of competent jurisdiction-. Unless the arbitrators <br />find that exceptional circumstances require otherwise, the <br />arbitrators will include in any award the prevailing party's <br />costs of arbitration and reasonable attorneys' fees. <br />19. Miscellaneous. .(a) <br />of this Agreement shall be binding <br />by the parties hereto. <br />No modification or amendment <br />unless executed in writing <br />(b) This Agreement shall be binding upon and <br />shall inure to the benefit of the company and Climax, and their <br />respective successors and assigns. This Agreement shall be <br />effective upon signature by all parties listed on.the signature <br />pages hereto. <br />(c) <br />construed under. the <br />additional <br />reasonably <br />herein. <br />This Agreement shall be governed by and <br />laws of the State of Colorado. <br />(d) Climax and the Company agree to execute such <br />documents and give such further assurances as may be <br />necessary to complete the transactions contemplated <br />.(e) If any provision of this Agreement <br />(including without limitation the provisions of Section 3 <br />above) shall prove to be illegal, invalid or unenforceable, the <br />remainder of this Agreement shall not be affected thereby, and <br />in lieu of each provision of this Agreement that is illegal, <br />invalid or unenforceable, there shall be added as a part of <br />this Agreement a provision as similar in terms to such illegal, <br />invalid or unenforceable provision as maybe possible and be <br />legal, valid and enforceable. <br />(f) All representations and warranties contained <br />herein, and all obligations contained herein of either party, <br />including but not limited to the agreements contained in <br />paragraph 7 and the obligation to pay sums to, reimburse or <br />indemnify the other party from any amounts, shall survive the <br />closing of the transaction contemplated herein. <br />counterparts, <br />forth below, <br />one original <br />(g) This Agreement may be executed in <br />and upon execution by each of the parties set <br />all such counterparts together shall constitute <br />document. <br />• <br />-22-