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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 laws 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 />