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15. Notice. Any and all notices, demands or the communications desired or required hereunder <br />("Notice", collectively, "Notices") shall be given in writing and delivered personally or sent by <br />registered or certified mail, return receipt requested, postage pre -paid or by fax addressed as <br />follows: <br />To Aurora: City of Aurora <br />15151 East Alameda Avenue, Suite 3600 <br />Aurora, CO 80012 <br />Attn: Director <br />With copy to: City of Aurora <br />15151 East Alameda Parkway, Suite 5300 <br />Aurora, CO 80012-1555 <br />Attn: City Attorney <br />To Chris Tomky: Chris Tomky <br />20330 County Rd CC <br />Rocky Ford, CO 81067 <br />or to such other address as either party may designate from time to time, by written notice, to the <br />other Party. Notice shall be effective upon receipt. <br />17. Miscellaneous. <br />(a) No Modification. This Agreement maybe modified, amended, or changed in whole or <br />in part only by an agreement in writing duly authorized and executed by both Parties with the same <br />formality as this Agreement. <br />(b) Non -Waiver. Waiver of any breach of the provisions of this Agreement by either Party <br />shall not constitute a continuing waiver of any subsequent breach of said Party of either the same <br />or any other provision of this Agreement. <br />(c) Non -Assignability. Neither Party may assign its rights or delegate its duties under this <br />Agreement without the prior written consent of the other Party. <br />(d) No Third Party Benefits „Intended. It is expressly understood and agreed that <br />enforcement of the terms and conditions of this Agreement, and all rights and actions relating to <br />such enforcement, shall be strictly reserved to Chris Tomky and Aurora, and nothing contained in <br />this Agreement shall give or allow any claim or right of action by any other or third person to such <br />agreement. It is the express intention of Chris Tomky and Aurora that any person other than Chris <br />Tomky or Aurora receiving services or benefits under this Agreement shall be deemed to be an <br />incidental beneficiary only. <br />(e) Al2R cable Law. This Agreement and its applications shall be construed in accordance <br />with the laws of the State of Colorado. <br />k, <br />