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D. Waiver. The waiver of any breach of any provision of this MOU by either <br />CDNR, CDOW or SPVVRAP shall not constitute a continuing waiver of any <br />subsequent breach of said party, either for breach of the same or for <br />breach of any other provision of this MOU. <br />E. Non- Severability. Each paragraph of this MOU is intertwined with the <br />others and is not severable unless by written mutual consent of all Parties. <br />If any portion of this MOU is held invalid or unenforceable for any reason <br />by a court of competent jurisdiction, as to any of the Parties, the Parties <br />agree to use their best efforts to reform as soon as possible any such <br />invalidity and achieve a valid agreement that accomplishes the purposes <br />of this MOU as originally set forth. <br />F. Governing Law. This MOU and its application shall be construed in <br />accordance with the laws of the State of Colorado. <br />G. Multiple Originals. This MOU may be simultaneously executed in any <br />number of counterparts, each of which shall be deemed original but all of <br />which constitute one and the same agreement. <br />H. Intent of Agreement. This MOU is intended to describe the rights and <br />responsibilities of and between CDNR, CDOW and SPWRAP, and is not <br />intended to, and shall not be deemed to confer rights upon any persons or <br />entities not signatories hereto. <br />I. Joint Draft. The parties hereto, with each having the advice of legal <br />counsel and an equal opportunity to contribute to its content, jointly drafted <br />this MOU. <br />J. Non - Assignability. The rights and obligations granted and accepted <br />pursuant to this MOU cannot be assigned or transferred without the prior <br />written consent of the other Parties. <br />[Remainder of page intentionally left blank.] <br />10 Tamarack MOU <br />