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Any party hereto may change its address or fax number for <br />the purpose of receiving notices, demands or other communications <br />as herein provided by a written notice given in the manner <br />aforesaid to the other party or parties hereto. <br />X. MISCELLANEOUS. <br />A. Time Of The Essence. Time is of the essence of this <br />Contract and all of the terms, provisions, covenants and conditions <br />hereof. <br />B. No Waiver. No consent or waiver on the part of any of <br />the parties hereto, expressed or implied, to any breach of any one <br />or more of the covenants or agreements hereof shall be deemed or <br />taken to be a waiver of any succeeding or other breach or any <br />continuation of such breach. <br />C. Authority. As both M &E and King are corporations, each <br />person signing this Contract on their behalf represents and <br />warrants that he has full authority to do so and that this Contract <br />binds their respective corporations on whose behalf they have <br />executed this Contract. As a debtor in possession, the authority <br />of Mid - Continent to enter into a contract binding on Mid- Continent <br />or its bankruptcy estate is conditioned on approval of this <br />Contract by the Bankruptcy Court. Mid- Continent shall promptly <br />seek such approval. <br />D. Obligations of Joint Venturers. M &E and King, as joint <br />venturers in Contractor, shall be jointly and severally liable for <br />the obligations of Contractor set forth in this Contract and any <br />other Contract Documents. <br />E. Independent Legal Advice. Each of the parties to this <br />Contract does hereby warrant, represent and agree that in executing <br />this document it does so with full knowledge of the rights it may <br />have in respect to the other party to this Contract, and that it <br />has received, or had the opportunity to receive, independent legal <br />advice as to these rights. <br />F. Attorneys' Fees. Should any party hereto institute any <br />action or proceeding as herein provided to enforce any provision of <br />this Contract, the prevailing party shall be entitled to recover <br />from the losing party or parties reasonable attorneys' fees and <br />costs for services rendered in conjunction therewith. <br />G. Applicable Law. This Contract shall in all respects, be <br />governed by the laws of the State of Colorado applicable to <br />agreements executed and to be wholly performed within Colorado. <br />H. Severability. Nothing contained herein shall be <br />construed so as to require the commission of any act contrary to <br />law, and wherever there is any conflict between any provisions <br />08/13/92(12) - 14 - <br />