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Nothing in this Agreement shall prohibit or prevent Grantee from acquiring title to <br />the Gravel Pit. Upon the cessation of operations and reclamation associated with the <br />Gravel Pit, or upon the sale, transfer or assignment of the Gravel Pit by Grantee (if <br />Grantee holds title to the Gravel Pit) to a third party, the Easement shall terminate. <br />All costs associated with the Easement including, but not limited to, surveying, <br />repair, and maintenance shall be borne by Grantee. <br />Grantees` use of the Easement shall not be exclusive, and Grantors and Grantors' <br />heirs, successors, assigns, agents, personal representatives , guests and invitees shall <br />have an equal right to the use of the Easement, but without interference with <br />Grantee's use thereof, and subject to the provision that any increased costs of repair <br />and maintenance caused by such use shall be borne by the party using the Easement. <br />Grantee covenants and agrees to comply with all Iaws, rules, regulations and <br />requirements of all public authorities. <br />This Easement grant is without warranty of title and is subject to all prior liens, <br />encumbrances, easements, restrictions, reservations and rights of way affecting <br />Grantors' property. <br />This Easement Agreement shall be recorded in the real property records of Las <br />Animas County, Colorado at the cost and expense of Grantee. <br />The parties hereto hereby expressly agree that the terms and conditions hereof, and <br />the subsequent performance hereunder, shall be construed and controlled by the <br />laws of the State of Colorado. <br />In the event that any party is required to commence any action or proceeding against <br />the other in order to enforce the provisions hereof or in order to obtain damages for <br />the alleged breach of any of the provisions hereof, the substantially prevailing party <br />therein shall be entitled to recover, in addition to any other award, all reasonable <br />costs incurred in connection therewith, including reasonable attorney's fees. <br />This Easement Agreement contains the final and entire agreement between the <br />parties hereto relating to the subject matter hereof, and they shall not be bound by <br />any statements, representations, or discussions not contained herein Any <br />subsequent amendments of this Easement Agreement shall be valid only if mutually <br />executed in writing by the parties hereto, their successors or assigns. <br />This Easement Agreement may be executed in any number of counterparts, each of <br />which shall be deemed an original and all of which shall be taken to be one and the <br />same instrument, for the same effect as if all of the parties hereto had signed the <br />same signature page. Any signature page of this Easement Agreement may be <br />detached from any counterpart of this Easement Agreement without impairing the <br />legal effect of any signatures thereon and may be attached to another counterpart of <br />