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(2) Notwithstanding the foregoing, the Parties may communicate with respect to <br />adjustments of the Delivery Schedule or Modified Schedule pursuant to Paragraph 2 by e-mail as <br />follows: (i) to Aurora to John Murphy at jmurphy@auroragov.org; and (ii) to Lessee to Kurt <br />Carlson at kcarlson@adcogov.org 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)(1) 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 of <br />any and all real estate commissions or other commissions or fees that it incurs with respect to this <br />Agreement. <br />(j) Governing Law and Venue. This Agreement and its application shall be construed <br />in accordance with the law of the State of Colorado. Should it be necessary to initiate court <br />proceedings concerning this Agreement, the Parties agree that venue shall be in the District Court <br />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 A2ainst 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 concerning <br />this Agreement. <br />21. Effective Date. The "Effective Date" of this Agreement shall be the date it is signed by the <br />Mayor of Aurora. <br />IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the <br />Effective Date. <br />009411\0310\11688512.6 <br />[signatures on following pages] <br />9 <br />