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or at any other such address as either party may hereufter, from time tn time, <br />designate by written notice tm the other purty given in accordance with this <br />paragraph. Notice shall be effective upon receipt. <br />c. Headings for Convenience Only. Paragraph headings and titles contained in this <br />MoA are intended for convcnience and reference oniy and are not intended to <br />define, limit, or descr'sbe the scope or intent of any provision of this MoA. <br />d. Amendmcnt. This MoA may be modified, amended or changed in whole or in <br />any part onty by an agreement in writing duly authorized and executed 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 />Colorado or SPVV'RAP shall not constitute a continuing waiver of any subsequcnt <br />breach of said p:trty, eilher for breach of the same or for breach of any other <br />provision of this VIoA. <br />f. Non-Severability. Each paragraph of this MoA is intcrtwined with the others and <br />is not severable un:ess by written mutual conscnt of both Parties. Ii' any portion <br />of this MoE1 is held invalid or unenforceable for any reason by a court of <br />competent jurisdiction, as to either or both Parties, the Parties agrec to use their <br />best efforts to reform as soon as possible 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. Multiple Originals. This MoA may be simullaneously cxecuted in any number of <br />counterparts, each of which shall be deemed original but all of which constitute <br />one aRd the same ugreeuient. <br />i. Intent of Agreement. This MoA is intended to dcscribe the rights and <br />responsibilities of and between Colurado and SPWRAP, and is not intendeci to, <br />and shall not bc deemed to, confer rights upon any persons or entities not <br />signatories hcrcto. <br />j. Joint Draft. The partics hereto, with each having the advice of ]rgal counsel and <br />an equal opportunity to contributc io its cantent, jointty drafted th;s MoA. <br />k. Non-Assignability. The righ¢s and obligations granted aiid accepted pursuant to <br />this MoA cannot be assigned or transferred without the prior written consent of <br />che other Party. <br />SPECIAL PROVISIONS <br />S SPWRAP-DNR MoA I 1-14-06