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9. Pioneer's Rxchusive, Remedy. In the avant of any default or claimed default by <br />Broomfield, Pioneer's sole and exclusive remedyshall be to terminate this Lease, Broomfield shall <br />not be liable or responsible fb r any consequential, incidental, punitive or special damages related to <br />the Lease Water or any other matters related to this Lame. <br />10.ore h e . With respect to this Lease and the Leased Water, Pioneer shall <br />(a) comply with any and all applicable federal, state, local or agency laws, regulations, rules, <br />ordinances or other directives, and (b) obtain all releasas, licenses, permits or other authorizations <br />required by any governmental body or authority. <br />11, No Warranties. BROOM 71ELLD MAKES NO WARRANTY, EXPRESS ORIMPLIBD, <br />CONCH MNG THE QUALTTY OF THE LEASED WATER, AND EXPRESSLY DISCLAIMS <br />ANYIMPLIED WARR.ANTiSS OF MERCHANTABIUTY ORFnMSS FORAPARTICULAR <br />PURPOSE OR OTHERWISE. <br />12. Notices. <br />Notices and inquiries shall be arcade as follows: <br />a. Broomfield: City and County of Broomfield <br />Attn: Director of Public Works <br />One DesCombes Drive <br />Broomfield, Colorado 80020 <br />b. Pioneer: Pioneer Sand Company, Inc. <br />Atm: Joe Kraig <br />P.O. Box 7650 <br />Colorado Springs, CO 80933 <br />13. o eMa cure. BachPartyshallbeexcusedfmmperformanceunderthis Lease while <br />and to the extent that itis Enable to perform, for any oause beyond its reasonablo control, except that <br />Lessee's payment obligations hereunder shall not be delayedor excusedbyreason of foreemajeure. <br />Such causes shall include, but not be restricted to, fire, drought, storm, flood, aarthquske, explosion, <br />war, labor disputes, total or partial failure of transportation or delivary facilities, shortage of labor, <br />raw materials or supplies, interruption of utilities or power, and any act of government or military <br />authority. In the avant either Partyis rendered unable wholly or in part by force maj euro to carry out <br />its obligations under this Lease then the Party, affected by force majame shall have &a right to <br />terminate this Lease upon thirty (30) days' written notice to the other Party. <br />14. Default. The oocurrenco of any one or more of the following events shall constitute a <br />default under this Lease: <br />it. Failure by either party lu observe or perform any of its obligations, covenants, <br />conditions, representations or warranties pursuant to this Lease, where such failure is not remedied <br />Page 3 of 5 <br />