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11. Entire Agreement. This instrument contains the entire agreement between the parties, <br /> and no statements, promises, or inducements made by either party or agent of either party <br /> that are not contained in this written contract shall be valid or binding. This contract may <br /> not be enlarged, modified, or altered except in writing signed by the parties. <br /> 12. Binding Effect. This Agreement shall insure to the benefit of and be binding upon the <br /> parties, their heirs, executors, administrators, assignees, and successors. However, <br /> Company may not assign its rights or obligations under this Agreement without the written <br /> permission of the County. <br /> 13.Severability. If any part, term, or provision of this contract is held by the courts to be <br /> illegal or in conflict with any law of the State of Colorado,the validity of the remaining <br /> portions or provisions shall not be affected, and the rights and obligations of the parties <br /> shall be construed and enforced as if the contract did not contain the particular part, term <br /> or provision held to be invalid. <br /> 14 Governing Law. This Agreement shall be governed by the laws of the State of Colorado, <br /> both as to interpretation and performance. <br /> 15. Notices. Each notice, demand, request, or other communication required to be given or <br /> served by either party to the Agreement on the other, or which either party desires to give or <br /> serve on the other shall be in writing and any statute, ordinance, or regulation to the contrary <br /> notwithstanding, shall not be effective for any purpose whatsoever unless given or served as <br /> provided by this Agreement. <br /> a. If given by County, notice shall be mailed, postage prepaid, by first class mail or shall <br /> be given by electronic transmission, addressed to the Company at its address on <br /> record with the County or such other address as Company may designate by notice <br /> given to County in the manner provided by this Agreement. <br /> b. if given by Company, notice shall be mailed, postage prepaid, by first class mail or shall <br /> be given by electronic transmission, addressed to Board of County Commissioners, <br /> P.O. Box C, Ouray, CO 81427, or at such other address as County may designate by <br /> notice given to Company in the manner provided by this Agreement. <br /> 16 Waiver. No waiver of any breach of this Agreement shall be held to be a waiver of any <br /> other or subsequent breach. All remedies afforded in this contract shall be taken and <br /> construed as cumulative, that is, in addition to every other remedy provided therein or by <br /> law. <br /> 17. Counterparts. This Agreement may be executed in any number of counterparts, each of <br /> which shall be deemed to be an original, bit all of which together shall constitute one and <br /> the same instrument. <br /> 18. Facsimile Signatures. For the convenience of the parties, signatures to this Agreement <br /> may be provided through facsimile transmission. The signature of a party to this <br /> Agreement supplied by facsimile transmission shall be as binding as an original. <br /> 19. Authority. By their signatures below, the parties acknowledge that they have the <br /> necessary authority and approvals to execute this Agreement and bind the respective <br /> entities. <br /> 20. Attorney Fees. In the event that either party to this Agreement brings an action to <br /> interpret the terms of this Agreement or to enforce its terms, the prevailing party in any <br /> such action shall be awarded its reasonable costs and attorneys fees incurred in such <br /> action. <br /> Page 5 of 6 <br />