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24. Entire Agreement. This instrument represents the entire agreement between the <br />parties and all representations and warranties are merged herewith. It shall not be modified, <br />altered, amended or changed in any manner except by written memorandum signed by the parties <br />hereto or their heirs, successors and assigns. <br />25. Governing Law and Venue. This Agreement shall be governed by and construed <br />in accordance with the substantive laws of the State of Colorado, without giving effect to any <br />conflicts of law, rule, or principle that might require the application of the laws of another <br />jurisdiction. Legal proceedings commenced by the parties hereto or any of their representatives <br />arising out of this Lease shall be brought exclusively in the federal courts, or in the absence of <br />federal jurisdiction in state courts, and in either case in the State of Colorado. The parties hereto <br />irrevocably and unconditionally submit to the jurisdiction of such courts and agree to take any <br />and all future action necessary to submit to the jurisdiction of such courts. The parties hereto <br />irrevocably waive any objection that they now have or hereafter may have to the laying of venue <br />of any suit, action or proceeding brought in any such court and further irrevocably waive any <br />claim that any such suit, action or proceeding brought in any such court has been brought in an <br />inconvenient forum. Final judgment against the parties hereto in any such suit shall be <br />conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true <br />copy of which shall be conclusive evidence of the fact and the amount of any indebtedness or <br />liability of the parties hereto therein described, or by appropriate proceedings under any <br />applicable treaty or otherwise. <br />EACH OF THE PARTIES TO THIS AGREEMENT HEREBY IRREVOCABLY <br />WANES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR <br />COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR <br />THE TRANSACTIONS. <br />26. Damages. Neither the Lessor nor the Lessee shall be liable to the other or shall <br />make any claim for any special, consequential or punitive damages arising out of, or connected <br />in any way to this Agreement. This mutual waiver includes but is not limited to loss of use, loss <br />of profits, loss of income, loss of reputation, unrealized savings or diminution of property value <br />and shall apply to any cause of action including negligence, strict liability, breach of contract and <br />breach of warranty. <br />27. Drafting. Neither this Agreement nor any provision contained in this Agreement <br />shall be interpreted in favor of or against any party hereto because such party or its legal counsel <br />drafted this Agreement or such provision. <br />[Signature Page Follows] <br />14 <br />