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If to Transferor, to: <br />High Plains Sand and Gravel LLC, dba Pittington Construction, <br />Attention: Robert Pittington, Jr. <br />229 Cheyenne Avenue <br />Eaton, CO 80615 <br />Telephone: 970 - 310 -0987 <br />If to Transferee, to: <br />Glacier Rock Company <br />Attention: Roger L. Hageman <br />3501 E. Prospect Road <br />Fort Collins, CO 80525 <br />Telephone: (970) 221 -7173 <br />Any other routine notice, communication and all payments shall be made by <br />regular first -class mail, express delivery or personal delivery, to the appropriate parties at <br />the respective addresses set forth above. Either party may change its address for notices <br />by mailing to the other party in the manner as provided in this paragraph a notice of such <br />change of address. <br />6. Modification of Agreement. This Agreement shall not be subject to change, <br />modification or alteration except by a writing signed by both parties hereto and any <br />attempted change or modification hereof, except by such writing, shall be deemed to be null <br />and of no force and effect. <br />7. No Waiver. The waiver of any rights granted hereunder or the failure to <br />perform any obligations, or the breach of any of the terms which are waived, shall not be <br />considered as a continuing waiver. <br />8. Assignment. Transferor shall have a right to assign its entitlement to receive <br />Royalty Payments hereunder to any individual or entity, provided that it give to Transferee <br />not less than fifteen (15) days' prior written notice. Transferee shall assign this Agreement <br />to and cause this Agreement to be assumed by any subsequent owner of the property upon <br />which the Gravel Pit is located. <br />9. Time is of the Essence. It is agreed that time shall be of the essence of this <br />Agreement and each and every provision hereof. <br />