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13. RECORDING. This Agreement shall be recorded in the real property records of Weld <br />County, Colorado at MMM's expense. The failure to record all or any portion of this <br />Agreement or any exhibit hereto shall not affect this Agreement. <br />14. ATTORNEYS' FEES. If either party breaches this Agreement, the breaching party <br />shall pay all of the non - breaching party's reasonable attorneys' fees and costs in <br />enforcing this Agreement whether or not legal proceedings are instituted. <br />15. WAIVER OF BREACH. Any party's waiver of a breach of any term or provision of <br />this Agreement shall not operate or be construed as a waiver of any subsequent breach by <br />any party. <br />16. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in <br />this Agreement for all purposes. <br />17. SEVERABILITY. If any clause, sentence, term, condition, covenant or provision of this <br />Agreement is held to be illegal, null or void by a court of competent jurisdiction, then the <br />remaining portions of this Agreement shall remain in full force and effect. <br />18. CAPTIONS FOR CONVENIENCE. All headings and captions are for convenience <br />only and have no meaning in the interpretation or effect of this Agreement. <br />19. MODIFICATIONS. This Agreement can only be amended or modified in writing by <br />the Parties. <br />20. FACSIMILES AND COUNTERPARTS. This Agreement may be executed by <br />facsimile. Facsimile signatures shall be treated as original signatures for all purposes. <br />This Agreement may be executed in counterparts. All counterparts shall, when taken <br />together, be deemed as one Agreement for all purposes. <br />[This space intentionally left blank.] <br />8 <br />