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David Bieber <br /> Martin Marietta Materials <br /> 10170 Church Ranch Way,Suite 201 <br /> Westminster,CO 80021 <br /> or at such other address as Lessee may direct by written notice. <br /> 25. Remedies. In the event that either party defaults in the performance of any of its <br /> obligations under this Agreement, in addition to any and all other remedies provided in this <br /> Agreement or by law or equity,each party will have the right of specific performance against the <br /> other. In the event of litigation, the prevailing party will be entitled to its litigation costs, <br /> including reasonable attorney's fees. <br /> 26. Default,Right to Cure. In the event that either party believes that the other is in default <br /> of any obligation under this Agreement, except as provided below in this paragraph, the non- <br /> defaulting party must give written notice of the default to the defaulting party. Such notice will <br /> be given by certified or registered mail,postage prepaid and return receipt requested. If a notice <br /> of default is provided, the party accused of the default must either cure it or provide a written <br /> statement explaining why it is not in default. If the alleged default is not cured or otherwise <br /> resolved within thirty (30)days, the parties may resort to their remedies. In the event of default <br /> for failure to pay any amount required to be paid by Lessee pursuant to the terms of this <br /> Agreement, Pueblo Water is not required to deliver water and notice of default is not required. <br /> Pueblo Water may, at its sole option, provide notice and a ten (10) day cure period. However, <br /> Pueblo Water will not be required to deliver water until the entire amount owed is paid by <br /> Lessee. <br /> 27. Right to Enter Agreement. Each party hereby warrants and represents that it has the <br /> full right and lawful authority to enter into this Agreement. <br /> 28. Governing Law. This Agreement will be governed by the Iaws of the State of Colorado <br /> in all respects. <br /> 29. Entire Agreement, Modification. This Agreement constitutes the entire agreement <br /> between the parties pertaining to the subject matter described in it and supersedes any and all <br /> prior contemporaneous agreements, representations, and understandings. No supplement, <br /> modification, or amendment of this Agreement is binding unless executed in writing by all <br /> parties. <br /> 30. Captions and Headings. The captions and headings in this Agreement are for <br /> convenience of reference only,and will not be used to interpret,define,or limit its provisions. <br /> 31. Construction Against the Drafter. In the event of an ambiguity in this Agreement, the <br /> rule of construction that ambiguities will be construed against the drafter is inapplicable,and the <br /> parties hereto are to be treated as equals and no party will be treated with favor or disfavor <br /> Page 6 of 7 <br />