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12, Default; Remedies. A def, deemedult shall be deemed to have occurred if either Party <br /> breaches its obligations hereunder and fails to cure such breach within 30 clays of written notice <br /> trom the non-breaching Party specifying the breach. Waiver or failure to give notice of a particular <br /> default or defaults shall not be construed as condoning or acquiescing to any continuing or <br /> subsequent default. In addition to other legal remedies available to it, including specific <br /> performance and damages, the non-breaching Party shall also have the right to cancel this <br /> Agreement for noncompliance with any provision hereunder by giving written notice of <br /> cancellation; provided,that such Party has previously given the other Party written notice Of Such <br /> noncompliance and the other Party has not cured such noncompliance. <br /> 13. Notices and pavirients. All notices, payments, and other communications under <br /> this Agreement shall be in writing, except as otherwise provided for in this Agreement. All such <br /> notices and communications and all payments shall be deemed to have been duly given on the date <br /> of service, if delivered and served personally, or served via facsimile(with respect to notices and <br /> communications only)on the person to whom notice is given;on the next business clay after deposit <br /> for overnight delivery by a courier service such as Federal Express; or on the third day after <br /> mailing, if mailed to the Party to whom payment and notice is to be given by first class mail, <br /> postage prepaid, and property addressed as follows: <br /> Lon&q-nont: City of Longmont <br /> Deputy City Manager <br /> 1100 South Sherman Street <br /> Longmont, Colorado 80501 <br /> With a Copy to: City of Longmont <br /> City Attorney <br /> 408'rhird Avenue <br /> Longmont, Colorado 80501 <br /> Custorner: Aggregate Industries (US) Inc. <br /> 1687 Cole Blvd., Suite 300 <br /> Golden, Colorado 80401 <br /> Persons and addresses to which notices are to be sent may be changed by the same method. <br /> 14. No beneficiaries. This Agreement is for the sole benefit of and binds the Parties, <br /> their successors and assigns, This Agreement affords no claim, benefit, or right of action to any <br /> third party. Any person besides Longrnont or Customer receiving services or benefits under this <br /> Agreement is only an incidental beneficiary. <br /> 15. Governmental immunity. Nothing in this Agreement shall be construed to waive <br /> Longinont's protection from liability or the limitations on its liability due to its sovereign immunity <br /> under the Colorado Governmental Immunity Act or otherwise. <br /> 16, Governigg taw. 'this Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Colorado. In the event of litigation over this Agreement, jurisdiction <br /> 4 <br /> -Sauthillai(al3asin FINAL 0413,2M <br />