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contemporaneous agreements, representations, and understandings. No supplement, modification, <br /> or amendment of this Agreement is binding unless executed in writing by all patties. <br /> 30. Captions and Headings.The captions and headings in this Agreement are for convenience <br /> of reference only, and will not be used to interpret, define, or limit its provisions. <br /> 31. Construction Against the Drafter. In the event of an ambiguity in this Agreement, 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 and no party will be treated with favor or disfavor <br /> 32. Third Party Beneficiaries. Enforcement of this Agreement and all rights and obligations <br /> hereunder are reserved solely to the patties, and not to any third party. Any services or benefits <br /> that third parties receive as a result Of this Agreement are incidental to the Agreement, and do not <br /> create any rights for such third parties. <br /> 33. Governmental Immunity. No term or condition of this Agreement is to be construed or <br /> interpreted as a waiver, express or implied, by Pueblo Water of any of the immunities, rights, <br /> benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. <br /> §24-10-101 et seq., as applicable now or hereafter amended. <br /> 14. Offer. This Agreement will not be effective and Pueblo Water withdraws its offer <br /> to enter into this Agreement unless Lessee executes and delivers this Agreement to Pueblo <br /> Water, along with the initial payments required under paragraphs 11,1 and 11.2 above, within <br /> sixty (60) days following approval of this Agreement by Pueblo Water's elected Board which <br /> occurred on January 19, 2021. <br /> IN WITNESS WHEREOF, Pueblo Water and Lessee have caused these presents to be <br /> executed in their respective behalf by their proper officers. <br /> Pueblo, a municipal corporation, acting by and through the <br /> BOARD OF W . TER WORKS OF PUEBLO, COLOR-ADO <br /> By: <br /> et 7 J. Clayton, 1 xecti e Director <br /> FRONT RANGE AGGREGATES, LLC BY ITS SOLE <br /> MEMBER, M, TIN MA RI "I"I'A MATERIALS, INC. <br /> By: -- — - -- <br /> A1360-r-r LAW 94r-J'"- PP.E�51��NT cJ�`57' a1 V 1-614N <br /> Page 7 of 7 <br />