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(d) For the calculations in subsections (c), if the Non - Contributing Participant is the <br />owner of an Exempt Well, the 50% factor will be replaced by 100% when making the calculation. <br />10.0 Miscellaneous Provisions <br />(a) This Contract shall be binding upon the EAA and Transferor and their respective <br />heirs, successors, and assigns. <br />(b) This Contract may be amended only by a subsequent written amendment executed <br />by both the EAA and Transferor. <br />(c) This Contract shall be governed by and construed in accordance with the laws of <br />the State of Texas, but in no event shall any modification of the EAA Act or the EAA rules be <br />deemed or construed to modify or supersede this Contract. <br />(d) The EAA shall have the authority to record of public record this Contract, or a <br />memorandum thereof. <br />