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12. Notices and gaMents. All notices, payments and other communications under this Agreement shall be in writing, except as otherwise provided for in this Agreement. All such notices and communications and all payments shall be deemed to have been duly given on the date of service, if delivered and served personally, or served via facsimile (with respect to notices and communications only) on the person to whom notice is given; on the next business day after deposit for overnight delivery by a courier service such as Federal Express; or on the third day after mailing, if mailed to the Party to whom payment and notice is to be given by first class mail, postage prepaid, and properly addressed as follows: Longmont: City of Longmont Public Works and Water Utilities Director 1100 South Sherman Street Longmont, Colorado 80501 Facsimile (303) 651 -8812 With a Copy to: City of Longmont City Attorney 408 Third Avenue Longmont, Colorado 80501 Customer: Asphalt Specialties Co., Inc. 10100 Dallas Street Henderson, CO 80640 Persons and addresses to which notices are to be sent may be changed by the same method. 13. No beneficiaries. This Agreement is for the sole benefit of and binds the Parties, their successors and assigns. This Agreement affords no claim, benefit, or right of action to any third party. Any person besides Longmont or Customer receiving services or benefits under this Agreement is only an incidental beneficiary. 14. Governmental immunity. Nothing in this Agreement shall be construed to waive Longmont's protection from liability or the limitations on its liability due to its sovereign immunity under the Colorado Governmental Immunity Act or otherwise. 15. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. In the event of litigation over this Agreement, jurisdiction and venue shall be proper and exclusive in the District Court in and for Boulder County, State of Colorado. 16. Force Maieure. Customer acknowledges that the availability of the Subject Water provided for hereunder is dependent upon natural water resources that are variable in quantity of supply, and which can be affected by causes beyond Longmont's control. Moreover, Longmont shall not be liable for any delay or failure to perform its obligations under this Agreement caused by an event or condition beyond the reasonable control of, and without the fault of Longmont, including, without limitation failure of facilities, flood, earthquake, storm, 4 L.iKRAMMWatorWpkk Specialties Short Tam WSA 2014 -13 FMAL.doe I W3W2014