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or at any other such address as either party may hereafter, from time to time, <br />designate by written notice to the other party 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 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 only by an agreement in writing duly authorized and executed by <br />Colorado and SPWRAP with the same formality as this MoA. <br />Waiver. The waiver of any breach of any provision of this MoA by either <br />Colorado or SPWRAP shall not constitute a continuing waiver of any subsequent <br />breach of said party, either for breach of the same or for breach of any other <br />provision of this MoA. <br />f. Non- Severability. Each paragraph of this MoA is intertwined with the others and <br />is not severable unless by written mutual consent of both Parties. If any portion <br />of this MoA is held invalid or unenforceable for any reason by a court of <br />competent jurisdiction, as to either or both Parties, the Parties agree 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 simultaneously executed in any number of <br />counterparts, each of which shall be deemed original but all of which constitute <br />one and the same agreement. <br />Intent of Agreement. This MoA is intended to describe the rights and <br />responsibilities of and between Colorado and SPWRAP, and is not intended to, <br />and shall not be deemed to, confer rights upon any persons or entities not <br />signatories hereto. <br />j. Joint Draft. The parties hereto, with each having the advice of legal counsel and <br />an equal opportunity to contribute to its content, jointly drafted this MoA. <br />k. Non - Assignability. The rights and obligations granted and accepted pursuant to <br />this MoA cannot be assigned or transferred without the prior written consent of <br />the other Party. <br />SPECIAL PROVISIONS <br />8 SPWRAP -DNR MoA 11 -14-06 <br />