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(2) Notwithstanding the foregoing, the Parties may communicate with respect to <br /> adjustments of the Delivery Schedule pursuant to Paragraph 2 by e-mail as follows: (i)to Aurora <br /> to Sohn Murphy at jmurphy@auroragov.org; and (ii) to Ready Mixed to Jeff Schwarz at <br /> jschwarz@csmkf.com, or to such e-mail address as may be designated by Notice in the manner <br /> provided for under Paragraph 20(g)(1) above. <br /> (h) Non-Business Days. If any date for any action under this ACP <br /> greement 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 Against Drafter. This Agreement was drafted by Aurora with <br /> review and comment from the attorney for Ready Mixed. 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 /> Director of Aurora Water. <br /> IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the <br /> Effective Date. <br /> (signatures on following pages) <br /> 9 <br />