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1 .Severabillity. Unenforceability of any provision, or a portion thereof, contained in this <br /> Lease shall not affect or impair the validity of any other provision of this Lease or portion <br /> thereof. <br /> 14.Force Maleure. Neither party shall be liable for delays in performing its obligation to the <br /> extent the delay is caused by an unforeseeable condition beyond its reasonable control <br /> without fault or negligence including, but not limited to, strifes, riots, wars, floods, fires, <br /> explosions,acts of nature, acts of government,or labor disturbances. <br /> 15.Enfire Agreement. This Agreement contains the entire understanding between the <br /> Parties; no modification, amendment, notation,or other alteration to this Agreement shall <br /> be valid or of any force or effect unless mutually agreed to by the Parties in writing as an <br /> addendum to this Agreement.At the time of the execution of this Agreement,there are no <br /> other terms,conditions,requirements, or obligations affecting this Agreement that are not <br /> specifically set forth herein.All electronic communications,including email and voice,from <br /> Springs Utilities in connection with this Agreement are for informational purposes only. No <br /> such communication is Intended by Springs Utilities to constitute any agreement by <br /> Springs Utilities to conduct a transaction by electronic means. Any such intention or <br /> agreement is hereby expressly disclaimed. <br /> 1 .Governing haw.This Agreement shall be construed in accordance with the laws of the <br /> State of Colorado, except for its conflict of law provisions, and the Colorado Springs City <br /> Charter and City Code. The place of performance and transaction of business shall be <br /> deemed to be in the County of El Paso, State of Colorado. In the event of litigation, the <br /> exclusive venue and place of jurisdiction shall be the State of Colorado,specifically in the <br /> District Court for El Paso County, Colorado, and, if necessary for exclusive federal <br /> questions, the United States District Court for the District of Colorado, and for water <br /> matters as defined by Colo. Rev. Start. § 37-92-201 et seq., the District Court eater <br /> Division 2. <br /> IN WITNESS ESS WHEREOF,the Parties hereto have executed this Agreement on his day of <br /> March, 20 <br /> B : By: ........... <br /> Abigail ega, Manager <br /> Water Resources Management <br /> Colorado Springs Utilities Martin Marietta <br /> Water Resources Management Dept. A n: James Sharp <br /> Attn: F alsou rn Abbasi Natural Resources Dir— Rocky Mtn Div <br /> P.O. Box 11039 MC 1825 1627 Core Boulevard, Ste Zoo <br /> Colorado Springs, Co 8094 -18 5 Lakewood, CO 80401 <br /> (719) 858-87 68 518 81 - 841 <br /> APPROVED AS To FORM <br /> MY Atto ey's office—U01 ties Division <br /> Duty of Colorado Springs <br /> 4/141 015 <br /> 3 <br />