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i IIIIII IIIiI Illilll illll illl IIII lilliil III illitl III IIII <br />676380 04/2d/20~ 11:0SA B9d4 P446 LSEAd'IT <br />ii ef 12 R di.N D 0.08 N 0.00 Lo~an County CO <br />mailing, if mailed to the Party to whom noticc is to be given by certified, first class mail, postage <br />prepaid, return receipt requestad and properly addressed as follows: <br />PSCo: Xcel Energy <br />4653 Table Mountain Drive <br />Golden, CO 8~3 <br />ATTN: Water Resources <br />water company: Point of xo~l~ water c~ny, LZ.c. <br />112 North Sth Avenue <br />Sterling, CO 80751 <br />~Y ~Y ~Y cl~ge rts ~ by grviag notrcx ia the ma~aer provid~ l~ereamc~er. <br />l7. ~r~l ~v~s~s. <br />17.1 Survival of Terms. The representations, wanaaxies, and covenants given <br />by each Party hereunder, and the Parkies' remedies and obligations set forth herein, shall be <br />deemed to be continuing in nature. <br />17.2 Negotiation. This Lease Agreement has been submittecl to the scrutiny o~ <br />and has been negotiate~ by all Parties hereto and their counsel. It shall be given fair and <br />reasonable interpretation in accordance wi~ i~s teims, wi~ou~ coasidecation or weight being <br />given to its having been dz~fted by any Party or its counseI. • <br />17.3 Waiver. This Lease Agreem~nt may not be amended, nor auy rights <br />here~nder waived e~ccept by an instrument in writing sigued by the Parry to be charged with such <br />ameadmeat or waiver. The waiver by aay Party of any term or condition of ~tiis Lease <br />Agreement shall not be deemed to constitute a continuing waiver thereof, nor of any additional <br />right th~t such garty may fi~ u~r t~s i.tas~ Agr~cmen~ <br />1?.4 B~ndi~g ~ffect. ~~e~.se ~ee~t sha~ be~ b~c~8 ~~ i~e ta <br />the benefit of the Parties aad their respectiva successc~rs. <br />17.5 No Third Party BeneSciaries. This Lease Agreement is ent~red into <br />between the Parties for the purposes sct forth herein. No other person or entity is a beneficiary <br />of this Lease Agreemen~, nor shall any ottier pe~on or entity ~ie considered a beneficiary, third <br />party or otherwise, of this Lease Agreemeat <br />17.6 1~ra . This Lease Agreement shall be goveraed by the laws of <br />the State of Calorado, insofar as any matter is not regulated by applicable Iaws of the United <br />States. Wtierever possible, eacTi provision of ~his I.ease Agr~eeement sHatT be interpreted in such <br />manner as to be effective and valid under the laws of the State of Colorado, or, as applicable, <br />ua~er t~re iaws ~of flre ~:lait~rd ~tates, ~ut if aay~ provision ~of tlris i.~easo ~grxment sl~ -be <br />pmhibited or invatidatec3 thereby, such provision shall be ineffectiv~ to the extent of such <br />11 <br />