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I <br /> their respective successors and assigns if any are allowed. The Parties intend that either <br /> of them shall not incur any liability other than those liabilities directly running to the <br /> - -------other-lxarty or-thei--respeetive-assigns permitted-underthis Agreement,if-any: Lafarge <br /> therefore covenants and agrees to indemnify, save and hold harmless Aurora from all <br /> liability, cost or expense of any kind,including Aurora's costs of defense, to any other <br /> party, arising in connection with or relating in any way to the execution, delivery or <br /> performance of any allowed assignment or any related document by the parties thereto or <br /> to the consummation of any transaction in connection with such documents. Likewise, <br /> Aurora covenants and agrees to indemnify, save and hold harmless Lafarge from all <br /> liability, cost or expense of any kind,including the Lafarge's costs of defense, to any <br /> other party,arising in connection with or relating in any way to the execution, delivery or <br /> performance of any allowed assignment or any related document by the parties thereto or <br /> to the consummation of any transaction in connection with such documents. <br /> 20. Waiver of Breach. Waiver of breach of any of the provisions of this <br /> Agreement by either party shall not constitute a continuing waiver of any subsequent <br /> breach by said party of either the same or any other provision of this Agreement. <br /> 21. Multiple Originals. This Agreement may be simultaneously executed in <br /> any number of counterparts, each one of which shall be deemed an original,but all of <br /> which constitute one and the same Agreement. <br /> 22. Headings for Convenience. Headings and titles contained herein are i <br /> intended for the convenience and reference of the Patties only and are not intended to <br /> confine, limit, or describe the scope of intent of any provision of this Agreement. <br /> 23. Recordation. Following the execution of this Agreement,the Parties may <br /> cause this Agreement to be recorded with the Clerk and Recorder's Office of such county i <br /> or counties in Colorado as they may desire. <br /> 24. Notice. Unless otherwise stated herein, any notices, demands,or other <br /> communications required or desired to be given under any provision of this Agreement <br /> shall be given in writing,to be delivered personally, or sentby certified or registered <br /> mail,return receipt requested,postage prepaid, to the following: <br /> To Aurora: Director of Utilities <br /> City of Aurora, Colorado <br /> 15151 East Alameda Parkway, Suite 3600 <br /> Aurora, Colorado 80012 <br /> 9411\104\1075976.1 7 <br /> 4 <br />