Laserfiche WebLink
• <br />• <br />• <br />7/19/04 09:57 FAX 720 528 4' REGUS DTC <br />b. Each Party assumes the risk of any misrepresentation, concealment or mistake. If any <br />Party should subsequently discover that any fact relied upon by it in entering into this <br />Agreement was untrue, or that any fact was concealed from it, or that its understanding of <br />the facts or of the law was incorrect, such Party shall not be entitled to any relief in <br />connection therewith, including without limitation, any alleged right or claim to set aside <br />or rescind this Agreement; and <br />c. This Agreement is intended to be, and is, final and binding among the Parties hereto, <br />regardless of any claims or misrepresentation, promise made without the intention of <br />performing, concealment of fact, mistake of fact or law, or any other circumstance <br />whatsoever. <br />10. No mistake. In connection with this Agreement, the Parties hereby acknowledge <br />that they are aware that they may hereafter discover facts in addition to or different from those <br />which they now know or believe to be true with respect to this Agreement (except as specifically <br />set forth herein), but that it is their intention hereby to fully, finally and forever settle and release <br />all matters, disputes and differences, known or unknown, suspected or unsuspected. which now <br />exist, which may exist, or which heretofore have existed against any and all Parties under this <br />Agreement. <br />11. Accuracy offactual statements. Each of the Parties represents to each of the <br />other Parties that the factual statements contained herein are true and correct to the best of such <br />Party's knowledge, and no Party will take any action or assert any position that places into <br />question or disputes the accuracy of any of the factual statements made herein. <br />{ii! 014 <br />12. Governing law; jurisdiction. This Agreement shall be governed by the laws of <br />Colorado except to the extent that the laws of Nevada govern transactions and statements with <br />respect to the Manhattan project or the laws of British Columbia govern the validity of the <br />outstanding shares of Calais common stock and debentures. Each of the Parties consents to the <br />jurisdiction of the federal courts whose districts encompass any part of the City of Denver, <br />Colorado, or the state courts of the City and County of Denver, Colorado, in connection with any <br />dispute arising under this Agreement and hereby waives, to the maximum extent permitted by <br />law, any ob including any objection based on forum non coveniens, to the bringing of any <br />such proceeding in such jurisdictions. Each of the Parties agree that service in person or by <br />certified or registered U.S. Mail to their respective last known address shall constitute valid in <br />personam service upon such Party in any action or proceeding with respect to any matter as to <br />which such Party has submitted to jurisdiction hereunder. <br />13. Severability. If any part of this Agreement shall be determined to be illegal, <br />invalid or unenforceable, the remaining part shall not be affected thereby, and the illegal, <br />unenforceable or invalid parts shall be deemed not to be a part of this Agreement. Each Party <br />represents and warrants that it has full capacity and authority to settle, compromise, and release <br />its claims and to enter into this Agreement and that no other person or entity has acquired, or will <br />in the future acquire or have any right to assert, against any person or entity released by this <br />Agreement any portion of that Party's claims released herein. <br />14 <br />