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ARTICLE 11
<br />CONTRIBUTIONS, TAXES, FEES AND LICENSES
<br />11.1 Taxes Lessee shall fully and timely pay all business, property and other taxes,
<br />metered utility charges, rates, duties, assessments and license fees levied, imposed, charged or
<br />assessed against or in respect of the Lessee's exclusive use and occupancy of the Jansen Facility
<br />or in respect of the personal property, trade fixtures and equipment and facilities of the Lessee or
<br />the business or income of the Lessee on and from the Jansen Facility, if any, as and when the
<br />same become due, and shall indemnify and hold Lessor harmless from and against all payment of
<br />such taxes, charges, rates, duties, assessments and license fees and against all loss, costs, charges
<br />and expenses occasioned by or arising from any and all such taxes, rates, duties, assessments and
<br />license fees. Lessor shall pay, or be required to pay, any so- called income, profits, excise,
<br />occupational or privilege taxes levied or assessed upon the income of Lessor. Lessor shall also
<br />pay any of the property or similar taxes now or hereafter levied on the Jansen Facility.
<br />11.2 Fees and Licenses Lessee shall pay all fees and expenses for any permits,
<br />licenses, bonds and other agreements required for the performance of work under this
<br />Agreement. Lessor shall not be responsible for any fines, assessments or penalties imposed
<br />against Lessee as a result of Lessee's failure to comply with any laws, rules, regulations or other
<br />orders relating to any of the permits, licenses, bonds or other agreements for the Jansen Facility,
<br />including, without limitation, the Permits.
<br />• ARTICLE 12
<br />DISPUTE SETTLEMENT AND ARBITRATION
<br />12.1 Dispute Settlement/Arbitration The parties agree to make good faith efforts to
<br />amicably resolve all controversies, claims and matters of difference arising under this
<br />Agreement. If they are unable to do so, either party may demand in writing that a specified
<br />dispute be submitted to non - binding mediation to be conducted by the Judicial Arbiter Group (or
<br />similar commercial dispute resolution center) in Denver, Colorado, within 30 days of such
<br />demand. If such mediation does not result in settlement of the dispute, the dispute shall be
<br />submitted to arbitration. Arbitration shall be conducted in the metropolitan Denver, Colorado
<br />area (unless otherwise agreed by the parties), in accordance with the Commercial Arbitration
<br />Rules of the American Arbitration Association, except to the extent such rules conflict with the
<br />express provisions of this Section. Arbitration hereunder shall be by three independent and
<br />impartial arbitrators. Each of the parties shall appoint one arbitrator within 30 days after one
<br />party gives notice of a claim to be arbitrated hereunder. The two arbitrators so appointed shall
<br />select a third arbitrator within 45 days after such notice, failing which the American Arbitration
<br />Association shall select the third arbitrator. The three arbitrators shall conduct a hearing no later
<br />than 60 days after such notice, and the arbitrators shall render a decision within 30 days of the
<br />hearing. At the hearing, the parties shall present such evidence and witnesses as they may
<br />choose, with or without counsel. The arbitration panel shall consider any evidence and
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