2014-10-29_HYDROLOGY - M1982131

• Permit No: M1982131
• IBM Index Class Name: Hydrology
• Doc Date: 10/29/2014
• Doc Name: SWSP
• From: DWR
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: PSH
• Media Type: D
• Archive: No

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20. Miscellaneous.
(a) Intent of Agreement. This Agreement is intended to describe the rights and
responsibilities of and between the named Parties and is not intended to, and shall not be deemed
to confer rights upon any persons or entities not named as Parties, nor to limit in any way the
powers and responsibilities of Aurora, Lessee, or any other entity not a party hereto.
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(b) Effect of Invalidity. If any portion of this Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both
Parties, the entire Agreement will terminate.
(c) Waiver of Breach. Waiver of breach of any of the provisions of this Agreement
by either Party shall not constitute a continuing waiver of any subsequent breach by said Party of
either the same or any other provision of this Agreement.
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(d) Multiple Originals. This Agreement may be simultaneously executed in any
number of counterparts, each one of which shall be deemed an original, but all of which
constitute one and the same Agreement.
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(e) Headings for Convenience. Headings and titles contained herein are intended
for the convenience and reference of the Parties only and are not intended to confine, limit, or
describe the scope of intent of any provision of this Agreement.
(f) Recordation. Following the execution of this Agreement, the Parties may cause
this Agreement to be recorded with the Clerk and Recorder's Office of such county or counties
in Colorado as they may desire.
(g) Notice. All notices, requests, demands, or other communications (collectively,
"Notices") hereunder shall be in writing and given by (i) established express delivery service
which maintains delivery records requiring a signed receipt, (ii) hand delivery, or (iii) certified or
registered mail, postage prepaid, return receipt requested to the Parties at the following address,
or at such other address as the Parties may designate by Notice in the above manner.
To Aurora: City of Aurora
15151 East Alameda Parkway, Suite 3600
Aurora, CO 80012-1555
Attn: Director, Aurora Water
with copy to City of Aurora
15151 East Alameda Parkway, Suite 5300
Aurora, CO 80012-1555
Attn: City Attorney
with copy to Brownstein Hyatt Farber Schreck, LLP
410 17`h Street, Twenty Second Floor
Denver, CO 80202
Attn: Andrew L. Meyers, Esq.
0094 1 1\03 10\1749535.3 7