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3. General Terms and Provisions <br /> a. Definitions. Capitalized terms that are not defined in this MOA shall have the typical <br /> definition. <br /> b. Notices. Any notice, demands or other communications required or desired to be given <br /> under any provision of this MOA shall be given in writing, delivered personally or sent <br /> by certified or registered mail, return receipt requested, postage pre-paid, addressed as <br /> follows 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 paragraph: <br /> To Colorado: <br /> Director <br /> • <br /> Colorado Water Conservation Board <br /> 1313 Sherman Street, Room 721 <br /> Denver, Colorado 80203 <br /> To Canon City: <br /> City Administrator <br /> Canon City <br /> P. O. Box 1460 <br /> Canon City, CO 81215 <br /> Notice shall be effective upon receipt. <br /> c. Headings for Convenience Only. Paragraph headings and titles contained in this MOA <br /> are intended for convenience and reference only and are not intended to define, limit or <br /> 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 part only <br /> by agreement in writing duly authorized and executed by CWCB and Canon City with <br /> the same formality as this MOA. <br /> e. Waiver. The waiver of any breach of any provision of this MOA by either CWCB or <br /> Canon City shall not constitute a continuing waiver of any subsequent breach of said <br /> party, either for breach of the same or for breach of any other provision of this MOA. <br /> f. Non-Severability. Each paragraph of this MOA is intertwined with the others and is not <br /> severable unless by written mutual consent of both Parties. If any portion of this MOA is <br /> held invalid or unenforceable for any reason by a court of competent jurisdiction, as to <br /> either or both Parties, the Parties agree to use their best efforts to reform as soon as <br /> possible any such invalidity and achieve a valid agreement that accomplishes the <br /> purposes of this MOA as originally set forth. <br /> 3 <br />