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12.Waiver. Failure of either party hereto to exercise any right hereunder is not a waiver of such <br /> party's right. Waiver of any of the provisions of this Lease shall not constitute a waiver of any other <br /> provision. No waiver is binding unless executed in writing by the party making the waiver. <br /> 13.Remedies. In the event that AGUA defaults in the performance of any of its obligations under <br /> this Lease or otherwise breaches this Lease, Lessee's sole remedy shall be to terminate this Lease <br /> and Lessee shall be entitled to a refund for leased water paid for but not delivered by AGUA. In the <br /> event of litigation, the prevailing party will be entitled to its litigation costs, including reasonable <br /> attorney's fees. <br /> 14.Complete Lease.This Lease contains the complete and entire agreement between the parties <br /> regarding the transaction contemplated herein. This Lease may only be modified or renewed except <br /> by a further agreement in writing. <br /> 15.Notices.Any notice required under the terms of this Lease shall be given in writing and shall <br /> be effective upon delivery to the registered agent on file with the Colorado Secretary of State or to <br /> AGUA's manager at AGUA's office (a) by hand; (b) by certified or registered mail, postage prepaid, <br /> return receipt requested; or (c) by email to the undersigned if the recipient provides to the sender <br /> written or electronic confirmation of receipt. <br /> 16.Governing law. This Lease will be governed by the laws of the State of Colorado in all respects, <br /> and venue for any dispute shall be the District Court for Pueblo County,Colorado. <br /> 17.Captions and headings. The captions and headings in this Lease are for convenience of <br /> reference only,and will not be used to interpret, define, or limit its provisions. <br /> 18.Lease not to be construed against the drafter. In the event of an ambiguity in this Lease,the <br /> rule of construction that ambiguities will be construed against the drafter is inapplicable, and the <br /> parties hereto are to be treated as equals. <br /> 19.No third party beneficiaries.Enforcement of this Lease and all rights and obligations hereunder <br /> are reserved solely to the parties,and not to any third party.Any services or benefits that third parties <br /> receive as a result of this Lease are incidental to the Lease,and do not create any rights for such third <br /> parties. <br /> Page 3 of 4 <br />