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20110669G <br />281 & Old Potash: 281 & OLD POTASH SHOPS LLC <br />Attn: Brad A. McNealy <br />410 Seventeenth Street, Suite 1750 <br />Denver, Colorado 80202 <br />Telephone: (303) 571-4650 <br />Facsimile: (303) 571-4651 <br />Email: jdou�las� dgemark.com <br />With a copy to: LOTTNER RUBIN FISHMAN BROWN + SAUL, P.C. <br />Attn: Janet Perlstein <br />633 Seventeenth Street, Suite 2700 <br />Denver, Colorado 80202 <br />Telephone: (303) 383-7623 <br />Facsimile: (303) 292-1300 <br />Email: jperlstein�a,lrfle�al.com <br />7. Governin� Law. T'he laws of the State in which the Lots are located shall govem the <br />interpretation, validity, performance, and enforcement of this Agreement. <br />8. Chan�e of Ownership. In the event either Roadhouse or 281 & Old Potash conveys title <br />to or ground leases its Lot to another pazty, such transferring party shall notify the other party <br />within thirty (30) days thereafter (although failure to send such notice shall not be considered a <br />default under this Agreement). Roadhouse or 281 & Old Potash, as the case may be, shall be <br />provided the name, address, and telephone number of such transferee. Upon such change of <br />ownership, the selling party shall be relieved of a11 liability under this Agreement for matters <br />thereafter occurring. <br />9. Successors. The rights and obligations contained herein shall run with the titles to the <br />Lots and shall bind and inure to the benefit of the respective successors and assigns of the parties <br />hereto. <br />10. Effective Date. This Agreement shall become effective upon the date first written above. <br />11. Relocation. 281 & Old Potash and Roadhouse reserve the right to relocate or modify the <br />curbcuts, parking spaces, driveways and accessways on their respective Lots, provided that <br />neither party may relocate or modify the curbcuts between the Lots without the prior written <br />approval of the other party, not to be unreasonably withheld, conditioned or delayed. Any <br />request for approvals sha11 be deemed approved, unless, within ten (10) business days of delivery <br />of a request for approval, the responding party delivers a written objection to the other party, <br />together with proposed changes, which, if made, would render the request approved. <br />12. Headin�s. T'he headings of the paragraphs contained herein are intended for reference <br />purposes only and shall not be used to interpret the agreements contained herein or the rights <br />granted hereby. <br />{31858.25.A0469997.DOC;4}4 <br />