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or at any other such address as eidier party may hereafter, from time to time, <br />designute by written notice to the other party given in accordance with this <br />p:uagraph. Notic:c shall be effective upon receipt. <br />c. Headings for Corivenience Only. :Paragraph headings and tities contained in this <br />MoA are intended for convenience and reference only and are not intended to <br />define, limit, or describe the scope or intent of any provision of this MoA. <br />d. Amendment. This MoA may be modified, amended or changed in whole or in <br />any part on(y by an agreement in writing duly authorized and cxecuted by <br />Colorado and SPWRAP with the same formality as this MoA. <br />e. Waiver. The waiver of any breach of any provision of this MoA by either <br />Colarado or SPWRAP shall not constitute a continuing waiver of any subsequcnt <br />breach of said party, either for breach of thc same or for breach of any other <br />provision of this MoA. <br />f. IVon-Severability. Each paragraph of this MoA is intertwineci with the others and <br />is not severable unless oy written cnutual conscnt of both Parcies. If any portion <br />of this MoA is held invalid or unenforccable for any reason by a court of <br />cumpetent jurisdiction, as to cithcr or both Parties, the I'arties agree to use thcir <br />best efforts co reform as soon as possibie any such invalidity and achieve a valid <br />agreement that accomplishes the purposes of this MoA as originally set forth. <br />g. Governing Law. This MoA and its application shall be construed in accordance <br />with the laws of the State of Colorado. <br />h. MulCiple Originals. This MoA may be simultaneously executed in any number of <br />caunterparts, cach of which shall bf, deemed orisinal but all of which constitute <br />onc and the same agreemcnt. <br />i. Intent of Agreement. This MoA is intended to dcscribc the rights and <br />responsibilitics of and between Colorado and SPWRAP, and is not intended to, <br />and sha11 not be deemed to, confer cights upan any peisons or entities not <br />signatories hereto. <br />j. Joint Draft. The parties hcreto, witli each having the advice of ]egai counsel and <br />an equal opportunity to contribute to its content, jointly drafted this MoA. <br />k. Non-Assignability. The rights und obligations granted and accepced pursuant to <br />this MoA cannot be assigned or trarasferred without the prior written consent oF <br />the other Party. <br />SPECIAL FROVISIONS <br />SPW[tAP-DNR MoA I 1-14-06