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or at any other such address as either pxrty may hereafter, from time to time, <br />designate by written notice to the ottier party given in accordance with this <br />paragraph. Notice shal! be effective upon receipt. <br />c. Hwdings for Convenience Only. Paragraph headings and Udes contained in this <br />MoA azt intended for convenicnce and roference only and are not intended to <br />dcfine, limit, or �scribe the scope or intent of any provision of this MoA. <br />d. Amendment, This MoA may be modified, amended m changed in whole or in <br />any part only by :ui agttement in writing duly authorized and executed by <br />Colon+do and SPWRAP with the same formality as this MoA. <br />e. Waiver. The waiver of any breach of any provision of ihis MoA by either <br />Colorado or SPWRAP shall not consdtute a conrinuing waiver of any subsequent <br />breach of said party, either for breach of the sume or for breach of any othar <br />provision of this MoA. <br />Non-Severability. Pach paragraph of this MoA is intertwined with the others and <br />is not severable unless by written mutuai wnsent of both Purties. If any portion <br />of this MoA is held invalid or unenforceable for any mxson 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 us possiblc any such invalidity and achieve a valid <br />agreement that accomplishes the purposes of this MoA as ariginally set forth. <br />g. Goveming Law. This MoA and its application shall be conswed in accordance <br />with the taws of the State of Colorado. <br />� h. Muldple Originals. This MoA may be simultaneously executed in any number of <br />counteiparts, each of which shall be deemed original but all of which constitute <br />one and the same agreement. <br />i. Intent of Agreement. This MoA is intended to describe the rights and <br />responsibilides of and between Colorado and SPWRAP, and is not intended to, <br />and sha11 not bc deemed to, confer rights upon any persons or entities not <br />signatories hereto. <br />j. Joint 1?raft. The parties hereto, with each having the advice of legal wunse! xnd <br />an equal opportunity to contribute to its conunt, jointly drafted this MoA. <br />k. Non-Assignability. The rights and obligalions granted and accepted pursuant to <br />this MoA cannot be assigned or transfeaed wichout the prior written consent of <br />the other Party. <br />SPECIAL PROVISIONS <br />SPWRAP-DNR MoA 11-1406 <br />