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4. Asset Exchange Agreement Controls. Nothing in this Agreement shall be deemed to <br />supersede, enlarge or modify any of the provisions of the Asset Exchange Agreement, all <br />of which survive the execution and delivery of this Agreement as provided and subject to <br />the limitations set forth in the Asset Exchange Agreement. If any conflict exists between <br />the terms of this Agreement and the terms of the Asset Exchange Agreement, the terms of <br />the Asset Exchange Agreement shall govern and control. <br />5. Counterparts. This Agreement may be executed in one or more counterparts and all such <br />counterparts taken together shall constitute one and the same agreement. <br />6. Governing Law. The laws of the State of Colorado will govern all questions concerning <br />the construction, validity and interpretation of this Agreement, without giving effect to <br />any of the conflict of law rules thereof to the extent such rules would require or permit <br />the application of the laws of another jurisdiction to this Agreement. <br />1N WITNESS WHEREOF, the Assignor and Assignee have caused this Agreement to be <br />executed as of the day and year first above written. <br />ASSIGNOR: <br />Lafarge West, Inc. <br />C QRATE•.SEAL By: <br />tRP ] Q 11 <br />[ <br />1 <br />• <br />ASSIGNEE: <br />[CORPORATE SEAL] <br />Name: Marty McGuirk <br />Title: Vice President, Business Development <br />Martin Marietta Materials, Inc. <br />Naive: <br />Title: <br />[Acknowledgment to follow on next page] <br />Jay M. Moreau <br />Vice President - Operations <br />Page2of5 <br />