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h. In the hauling and use of gravel, and other aggregate materials, the <br /> Company shall use commercially reasonable efforts to avoid placing rocks larger than <br /> three (3) inches in diameter(approximately the size of a baseball) on any Roads in the <br /> course of performing its maintenance and repair obligations under this Agreement. <br /> 10. NOTICES All notices required to be given under the terms of this <br /> Agreement shall be in writing and may be mailed or electronically transmitted, <br /> addressed to the parties as follows: <br /> County: Lincoln County <br /> Attention:Jacob Piper <br /> 103 3rd Avenue <br /> P.O. Box 39 <br /> Hugo, CO 80821 <br /> Telephone:719-743-2810 <br /> E-Mail: Icadmin@Iincolncountyco.us <br /> Company:A&S Construction <br /> Attn:Jodi Schreiber, Chief of Operations <br /> 839 Mackenzie Ave <br /> PO Box 566 <br /> Canon City, CO 81215 <br /> Telephone:719-275-3264 <br /> E-Mail:Jodi@arycorp.com <br /> Either party may, from time to time, change its address for service by giving <br /> written notice to the other party. Any notice shall be deemed to have been given and <br /> received: if delivered personally, on the day delivered; if sent by registered mail, on the <br /> fourth (4th) business day following the day it was posted; and if electronically <br /> transmitted, at the start of the next regular business day. In the case of postal <br /> disruptions, or an anticipated postal disruption, all notices to be given under this <br /> Agreement shall be electronically transmitted or delivered by hand (including a <br /> reputable overnight courier). <br /> 11. ASSIGNMENT. Except as otherwise provided herein, this Agreement <br /> shall not be assigned by either party hereto without the prior written consent of the other <br /> party,which consent shall not unreasonably be withheld. Notwithstanding the foregoing, <br /> the Company shall be permitted without prior written consent of the County to(a)assign <br /> this Agreement to an Affiliate; (b)assign this Agreement to a public utility company; and <br /> (c)collaterally assign this Agreement to a financing party of the Company or an Affiliate. <br /> "Affiliate"shall mean and refer to any person or entity controlling, controlled by,or under <br /> common control with Company. <br /> -8- <br /> ActiveUS 115104252v.1 <br />