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Ifto Central, to: <br />Randy Ray <br />Central Colorado Water Conservancy District <br />Executive Director <br />3209 West 28th Street <br />Greeley, CO 80634 <br />If to Lessee, to: <br />Mark Johnson <br />Bestway Concrete & Aggregate <br />Vice President <br />11. Force Maieure, Neither party shall be liable for failure to perform the party's <br />obligations if such failure is as a result of Acts of God (including fire, flood, <br />earthquake, storm, hurricane or other natural disaster), wax, invasion, act of foreign <br />enemies, hostilities (regardless of whether war is declared), civil war, rebellion, <br />revolution, insurrection, military or usurped power or confiscation, terrorist <br />activities, nationalization, government sanction, blockage, embargo, labor dispute, <br />strike, lockout or interruption or failure of electricity or telephone service. No party <br />is entitled to terminate this Agreement under in such circumstances. If a party <br />asserts Force Majeure as an excuse for failure to perform the party's obligation, then <br />the nonperforming party must prove that the party took reasonable steps to minimize <br />delay or damages caused by foreseeable events, that the party substantially fulfilled <br />all non - excused obligations, and that the other party was timely notified of <br />likelihood or actual occurrence of the event described herein. <br />12. Brokerage Commissions. No brokerage commissions shall be payable by either <br />Central or Lessee with respect to this Agreement or the transaction which is the <br />subject matter of this Agreement. <br />13. Assignability. This Lease shall not be assigned by either party without the written <br />consent of the other party. <br />14. Electronic Signature. Central and Lessee understand, agree, and acknowledge that <br />in signing this Agreement and in completion of this transaction the parties hereto <br />may transmit certain documents in electronic form, and Central and Lessee further <br />understand, agree, and acknowledge that any such electronic signatures shall be <br />adequate, binding, and valid as if such were an original signature or an original <br />document and each such electronic document may be executed in several <br />counterparts and all of such counterparts taken together shall be deemed to be one <br />document. <br />Page 4 of 6 <br />