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with copy to Icenogle Seaver Pogue PC <br />4725 South Monaco Street, Suite 225 <br />Denver, CO 80237 <br />Attn: Ed Icenogle, Esq. <br />Notices shall be effective (x) the next day following the date sent by an established express <br />delivery service which maintains delivery records requiring a signed receipt, (y) upon receipt by <br />the addressee of a hand delivery, or (z) three (3) days following the date of mailing via certified <br />or registered snail, postage prepaid, return receipt requested. <br />(ii) Notwithstanding the foregoing, the Parties may communicate with respect <br />to adjustments of the Delivery Schedule pursuant to Paragraph 2(b) by e-mail as follows: (A) to <br />Aurora to John Murphy at jmurphy@auroragov.org; and (B) to Lessee to Austin Malotte at <br />amalotte@bbawater.com or such other e-mail address as other address as the Parties may <br />designate by Notice in the manner provided for under Paragraph 20(g)(i) above. <br />(h) Non -Business Days. If any date for any action under this Agreement falls on a <br />Saturday, Sunday or a day that is a "holiday" as such term is defined in Rule 6 of the Colorado <br />Rules of Civil Procedure, then the relevant date shall be extended automatically until the next <br />business day. <br />(i) Commissions and Fees. Each Party shall be solely responsible for the payment <br />of any and all real estate commissions or other commissions or fees that it incurs with respect to <br />this Agreement. <br />0) Governing Law and Venue. This Agreement and its application shall be <br />construed in accordance with the law of the State of Colorado. Should it be necessary to initiate <br />court proceedings concerning this Agreement, the Parties agree that venue shall be in the District <br />Court for Arapahoe County, Colorado. <br />(k) No Attorneys' Fees. In the event of any litigation, mediation, arbitration or other <br />dispute resolution process arising out of or related to this Agreement each Party agrees to be <br />responsible for its own attorneys' and other professional fees, costs and expenses associated with <br />any such proceedings. <br />(1) No Construction Against Drafter. This Agreement was drafted by Aurora with <br />review and comment from the attorney for Lessee. Accordingly, the Parties agree the legal <br />doctrine of construction against the drafter will not be applied should any dispute arise <br />concerning this Agreement. <br />21. Effective Date. The "Effective Date" of this Agreement shall be the date it is signed by <br />the Mayor of Aurora. <br />IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the <br />Effective Date. <br />[signatures on following pages] <br />0094110310 11688512 6 9 <br />