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9 . Cooley shall have the right to an action for <br /> specific performance, but not for damages , if centennial is ever <br /> default on its obligations described herein", Cooley acknowledges <br /> that the water available to Centennial is dependent an sources from <br /> which the supply i,s variable in time and quantity and which are, to <br /> some extent, beyond the control of Centennial . Cooley,agrees that <br /> centennial shall not be considered to be in default on its <br /> obligations described herein as a result, of unavailability , of <br /> centennial' s water supply due to inadequate runoff or other <br /> occurrences beyond the rea able control of Centennial. <br /> Centennial will make a reasonable attempt co notify Cooley in <br /> advance of any interruptions in d a <br /> 10, Cooley may terminate this lease agreement at any <br /> time by delivering written notice to Centennial. Upon delivery of <br /> such notice, this lease agreement ' shall be terminated,,' Such <br /> termination of this lease agreement shall not affect the validity <br /> of centennial' s ownership interest in, the Nevada Ditch shares <br /> previously owned by Cooley described in paragraph I . However, if <br /> Centennialls title to any part of: sa,.cl Nevada Di h shares is ever <br /> defeated by the claim of a third party based upon acts or omissions <br /> attributable to coaley while Cooley was an owner of said Nevada <br /> Ditch shares, then this lease: shall terminate at Centennial 's <br /> optiono provided Centennial, gives cooley a reasonable: opportunity <br /> to cure the title,de feet, before-Centennial notifies Cooley Of SUC� <br /> termination. <br /> 12. . All natices provided 'for in this lease agreement <br /> shall be in writing, and .5hell be deemed properly given and <br /> received three (3) 'days after being mailed, if sent by certified or <br /> registered 'United, States Mail-, postage prepaid, addressed to a <br /> party at its address set forth at the beginning of this lease <br /> agreement or Such other address as a party may designate by written <br /> notice to the other party. <br /> 12 . Neither party to this lease agreement may assign its, <br /> rights and obligations under this lease agreement without obtaining <br /> the express written consent of the other party. Subject t t'he <br /> foregoing, the terms and provisions of this lease agreement shall <br /> be binding upon and inure to the benefit of Centennial and Cooley, <br /> and their successors and assigns . <br /> 13 , This Agreement represents the entire agreement <br /> between the, parties and there are no oral or collateral agreements <br /> or understandings. This Agreement may be amended only by an <br /> 0 <br /> instrument in writing signed by the parties. <br /> 4 <br />