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5. Whenever notice is required to be given hereunder,it shall be in writing and delivered or <br /> mailed to the registered agent on file with the Colorado Secretary of State of the party entitled to <br /> the notice,by registered or certified mail,return receipt requested. In addition,a courtesy copy <br /> shall also be sent to the other party by electronic mail on the same day. If delivered,said written <br /> notice shall be effective and complete upon delivery. If mailed,said notice shall be effective and <br /> complete upon mailing. <br /> 7. The Parties shall cooperate with one another in good faith to accomplish and fulfill the <br /> terms of this Agreement. <br /> 8. If the ability of a party to perform is interrupted or impaired in whole or in part due to <br /> failure of equipment or facilities,acts of God,action by governmental bodies and authorities,or <br /> other extraordinary circumstances,occurrences or conditions,then during the period of such <br /> interruption or impairment,any obligation described herein may be suspended proportionately. <br /> 9. This Agreement is for the sole benefit of the Parties,and AGUA does not have any duty <br /> or liability to third parties as a result of this Agreement_ <br /> 10. This Agreement may be executed in counterparts,which when combined shall constitute <br /> the Agreement. Executed and electronically scanned signature pages shall be valid and binding <br /> and shall constitute original signature pages. <br /> It. In the event of any litigation or arbitration arising out of this Agreement,the prevailing <br /> party shall be entitled to recover,and the court and/or arbitrator shall award to the prevailing <br /> party,all reasonable costs,including reasonable expert witness fees,and reasonable attorneys' <br /> fees. <br /> 12. Any dispute pursuant to this Agreement shall be governed by the laws of the State of <br /> Colorado and venue shall be in District Court of Pueblo County,Colorado. <br /> 13. Either party may assign this Agreement after obtaining the express written permission of <br /> the other party. <br /> This Agreement is executed as of the day and year first written above. RECOVER <br /> [remainder of page left intentionally blank] MAR 2 3 Z018 <br /> WATER RESOURCES <br /> STATE ENGINEER <br /> Page 3 of 4 <br />