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16. Notice. Any and all notices,demands or the communications desired or required hereunder <br /> ("Notice", collectively, "Notices") shall be given in writing and delivered personally or sent by <br /> registered or certified mail, return receipt requested, postage pre-paid or by fax addressed as <br /> follows: <br /> To Aurora: City of Aurora <br /> 15151 East Alameda Avenue, Suite 3600 <br /> Aurora,CO 80012 <br /> Attn: Director <br /> With copy to: City of Aurora <br /> 15151 East Alameda Parkway,Suite 5300 <br /> Aurora, CO 80012-1555 <br /> Attn: City Attorney <br /> To Chris Tomky: Chris Tomky <br /> 20330 County Rd CC <br /> Rocky Ford,CO 81067 <br /> or to such other address as either party may designate from time to time, by written notice, to the <br /> other Party. Notice shall be effective upon receipt. <br /> 17. Miscellaneous. <br /> (a) No Modification. This Agreement maybe modified, amended,or changed in whole or <br /> in part only by an agreement in writing duly authorized and executed by both Parties with the same <br /> formality as this Agreement. <br /> (b) Non-Waiver. Waiver of any breach of the provisions of this Agreement by either Party <br /> shall not constitute a continuing waiver of any subsequent breach of said Party of either the same <br /> or any other provision of this Agreement. <br /> (c) Non-Assignability Neither Party may assign its rights or delegate its duties under this <br /> Agreement without the prior written consent of the other Party. <br /> (d) No Third Party Benefits Intended. It is expressly understood and agreed that <br /> enforcement of the terms and conditions of this Agreement, and all rights and actions relating to <br /> such enforcement,shall be strictly reserved to Chris Tomky and Aurora, and nothing contained in <br /> this Agreement shall give or allow any claim or right of action by any other or third person to such <br /> agreement. It is the express intention of Chris Tomky and Aurora that any person other than Chris <br /> Tomky or Aurora receiving services or benefits under this Agreement shall be deemed to be an <br /> incidental beneficiary only. <br /> (e) Applicable Law. This Agreement and its applications shall be construed in accordance <br /> with the laws of the State of Colorado. <br /> 5 <br />