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(h) Governing Lawn and Jurisdiction. This Agreement shall be governed by <br />and construed in accordance with the substantive laws of the State of Colorado without giving <br />effect to the conflict of laws provisions thereof. Each of the parties hereby submits to the <br />exclusive jurisdiction of the Colorado District Court sitting in Delta County, Colorado and for <br />purposes of all legal proceedings arising out of or relating to this agreement or the transactions <br />provided for herein. The parties irrevocably waive, to the fullest extent not prohibited by law, <br />any objection that any of them may now or hereafter have to the laying of the venue of any such <br />proceeding brought in such court and any claim that any such proceeding brought in such court <br />has been brought in a inconvenient forum. To the extent that such court refuses to exercise <br />jurisdiction hereunder, the parties agree that jurisdiction shall be proper in any court in which <br />jurisdiction may be obtained. <br />(i) Recording. This Agreement is to be recorded in the real property records <br />of the county in which the Properties are located. To facilitate recording the counterpart to be <br />recorded in a given county may contain only that portion of Exhibit A that describes real <br />property located in that county. Exhibit D shall not be recorded and shall be considered <br />confidential between Oxbow and the Landowner(s). <br />(j} Execution and Counterparts. This Agreement may be executed in one or <br />more original counterparts and shall become operative when each Party has executed and <br />delivered at least one counterpart. Each counterpart shall be deemed to be an original for all <br />purposes, and all counterparts shall together constitute but one and the same instrument. <br />]Remainder of Page Intentionally Left Blank] <br />11148895 9 Q den <br />