2021-11-22_ENFORCEMENT - M1987013 (2)

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3.10.Assignment. No Party may assign any of its rights or delegate its duties or obligations under this Agreement without the prior written consent of the other Party,which written consent shall not be unreasonably withheld, delayed, or conditioned. 3.11. Waiver. No term or condition of this Agreement shall be deemed to have been waived, or there be an estoppel against the enforcement of any provisions of this Agreement, except by written instrument of the Party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein and such waiver shall operate only as to the specific term or condition for the future or as to any act other than that specifically waived. 3.12. Signatories. Each undersigned representative of a party to this Agreement certifies that he or she is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind such party to this document. 3.13.Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties,their personal representatives,heirs, successors, and assigns. 3.14.No Admission. This Agreement constitutes a compromise of disputed matters and has been entered into by the Parties in order to avoid incurring the cost, delay and distraction associated with litigation, and not in acknowledgment of any wrongdoing, liability or responsibility. Neither this Agreement,nor any performance to be rendered hereunder, shall constitute or be deemed to constitute an admission or acknowledgment, express or implied,of any wrongdoing, liability or responsibility, and any and all assertions or implications of wrongdoing, liability or responsibility are expressly disputed and denied. IN WITNESS WHEREOF,the Parties have executed this Agreement effective as of the date set forth above. Southway Construction Co.,Inc. Burton Farms,LLLP of Alamosa By: /Q06� y✓ 8�oa �it. Name: Robert W. Burton,Jr., General Manager Title: Date: 11 /04/2021 , 2021 Date: 12021 �9 . n A Susan L. Barker,General Manager Date: i� d V. LY,2021 Settlement Agreement Page 5 of 5 Burton Farms,LLLP Southway Construction Company,Inc.of Alamosa Doc ID:66fadOc58627aec25d26f6a5d8ece84caOe7b8e1