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DRAFT - 9/26/01 <br />SECWCD - AURORA IGA <br />D. Amendment. This IGA may be modified, amended or changed in whole or in <br />any part only by an agreement in writing duly authorized and executed by Aurora and <br />Southeastern with the same formality as this IGA. <br />E. Waiver. The waiver of any breach of any provision of this IGA by either Aurora <br />or Southeastern shall not constitute a continuing waiver of any subsequent breach of said parry, <br />either for breach of the same or for breach of any other provision of this IGA. <br />F. Non- Severability. Each paragraph of this IGA is intertwined with the others and <br />is not severable unless by mutual consent of Aurora and Southeastern. <br />G. Effect of Invalidity. If any portion of this IGA is held invalid or unenforceable <br />for any reason by a court of competent jurisdiction as to either party or as to both parties, the <br />parties agree to use their best efforts to reform as soon as possible any such invalidity and <br />achieve a valid agreement that accomplishes the purposes of this IGA as originally set forth. <br />H. Governing Law. This IGA and its application shall be construed in accordance <br />with the laws of the State of Colorado. <br />I. Multiple Originals. This IGA may be simultaneously executed in any number of <br />counterparts, each of which shall be deemed original but all of which constitute one and the same <br />IGA. <br />J. Survival of Representations. Each and every covenant, promise, payment or <br />option contained in this IGA shall not merge in any deed, lease, contract or other instrument <br />conveying or concerning any interest in the land, water rights or any other type of real property, <br />29 <br />