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9. Miscellaneous: <br /> A. Complete aar ement: This Lease and the Agreement contain the <br /> complete and entire agreement between the parties regarding the transaction <br /> contemplated herein, and supersede all prior understandings, if any, between the <br /> parties regarding such matters, <br /> B. Written instruments: This Lease may not be modified in any respect <br /> whatsoever, except by a further agreement in writing duly executed by both parties. <br /> Any notice, consent, waiver, approval or authorization shall be effective if signed by the <br /> party granting or making such notice, consent, waiver, approval or authorization. <br /> C. b!otic s: Any notice required under the terms of this Lease shall be given <br /> in writing and shall be effective upon delivery in person or the mailing thereof to the <br /> parties at the following addresses, or at such other addresses as a party may <br /> subsequently designate for itself by notice: <br /> Arkansas Groundwater Users Association, <br /> P.O. Box 11446 <br /> Pueblo, CO 810001 <br /> Martin Marietta Materials <br /> 1627 Cole Blvd., Suite 200 <br /> Lakewood, CO 80401 <br /> D. Governing law: This Lease shall be construed and enforced in accordance <br /> with the laws of the State of Colorado. <br /> E. No liability: No officer, director, stockholder, investor in, or partner of the <br /> parties, no disclosed or undisclosed principal of the parties, and no person or entity in <br /> any way affiliated with the parties shall have any personal liability with respect to this <br /> Lease, or the transaction contemplated hereby; nor shall the property of any such <br /> person or entity be subject to attachment, levy, execution or other judicial process. <br /> F. Survival: The representations, covenants and warranties provided in this <br /> Lease and the rights and obligations of the parties hereunder shall survive the <br /> termination of the Lease to the extent provided in paragraph 6 hereof. <br /> G. Recording: This Lease may be recorded by either party at that party's <br /> expense. <br /> H. Binding ffect: This Lease shall bind and inure to the benefit of the <br /> respective heirs, executors, administrators, successors and assigns of the parties <br /> hereto. <br /> 3 <br />