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To Brannan-, Brannan Sand and Gravel Company,L.L.C. <br /> 2500 Brannan Way <br /> Denver,CO 80229 <br /> Attn,-,Tim Szczepanski, Controller(RMCC) <br /> with copy to Carver Schwarz McNab Kamper&Forbes, LLC <br /> 1600 Stout Street, Suite 1700 <br /> Denver,CO 80202 <br /> Attn.- Jeffrey W.Schwarz,Esq. <br /> Notices shall be effective (1v) the next day following the date sent by an established express <br /> delivery service which maintains delivery records requiring a signed receipt,(v)upon receipt by <br /> 0 <br /> the addressee of a hand delivery,or(vi) three(3)days following the date of mailing via certified <br /> or reg istered mail,postage prepaid,, return receipt requested. <br /> (2) Notwithstanding the foregoing, the Parties may communicate with respect to <br /> extensions of the Term and modifications of the Delivery Schedule pursuant to Paragraphs 1. and <br /> 2, abovc,by e-mail or regular postal deli i <br /> very servce as follows: (1*)to Aurora to John Murphy at <br /> or 15151 East Alameda Parkway, Suite 3600,Aurora, CO 80012-1555; <br /> and (iii) to Brannan to Jeff Schwarz at jschwarz@csmk.f.com, or to such address as may be <br /> designated by Notice in the manner provided for tinder(1)of this Paragraph 20(g),above. <br /> (h) Non-Business D - If any date for any action under thi's Agreement falls on a <br /> Saturday, Sunday or a day that Iis a "holiday" as such to is defined In Rule 6 of the Colorado <br /> Rules of it Procedure, then the relevant date shall be extended automatically until the next <br /> business day. <br /> (1) Commissions and Fees. Each Party shall be solely responsible for the payment of <br /> any and all real estate commissions or of commissions or fees that it 'incurs with.respect to th'is <br /> Agrcement. <br /> 0) GovttaingjanLaggYOM. This Agreement and its application shall be construed <br /> in accordance with the law of the State of Colorado. Should it be necessary to initiate court <br /> 0 <br /> proceedings concerning thi's Agreement,the Parties agree that venue shall be 'in the District Court <br /> for Arapahoe County,Colorado. <br /> (k) No AttorngjjLFees. In the event of any litigation, mediation, arbitraflon or other <br /> dispute resolution process arising out of or related to this Agreement each Party agrees to be <br /> Ne for its own attorne s' and other professional fees costs and expenses assoc"ated w*th <br /> responsl y <br /> any such proceedings. <br /> (1) No ConstrucHon <br /> MM I . This Agreement was drafted by Aurora with <br /> review and comment from die attorney for Brannan. Accordingly, the Parties agree the legal <br /> doctrine of construction against the drafter will not be applied should any dispute arise conceming <br /> this Agreement. <br /> 9 <br />