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addressc, (or at such other address fir a Party as shall he specified by like notice: pr,wided that <br /> not'ceY(11 a change ofaddress shall be effLelke,only apon receipt thereof): <br /> 1t to landlord: <br /> Bernhardt Farms, Lu <br /> 12281 Sta,e Highway 60 <br /> Milliken,Colorado 80543 <br /> Attn: Tinloth},A. Bcrnha dt. ilantage. <br /> 1fto Assig,not: <br /> 1 hall-Irwin Corporation <br /> 301 Centennial Drive <br /> Milliken.Colorado 80534 <br /> Attn: Bret A. l fall, Vice President <br /> 1f to Assignee: <br /> Bestway Concrete Company, <br /> 30l Centennial Drive <br /> Milliken,Colorado 80534 <br /> Attn: Gene Magner <br /> and <br /> BURNC,O Colorado l.f.C, <br /> 8505 Freeport Parkway <br /> Suite No. 150 <br /> [ruing,Texas 75063 <br /> Attar: Clifford llahne <br /> Any notice or ether communication pursuant to this Agreement shall be deemed to have been <br /> duty given or made and to have become effective upon the earliest of(a) when delivered in hand <br /> to the Party to which directed. (b) if sent by first-class mail postage prepaid and properly <br /> addressed as set forth above, at the time when received by the addressee, and receipt has been <br /> confirmed, (c) if sent by overnight express delivery service, the next succeeding day after being <br /> sent, provided that receipt has been acknowledged by such sen-ice, or(d)with respect to delivery <br /> by certified snail, retuni receipt requested, when delivery thereof, properly addressed as set firth <br /> above, is made by the U.S. Postal Service. <br /> 5, GENERAL,PROVISIONS <br /> (a) Waivers. No failure by a Party to insist upon the strict performance of any covenant, <br /> agreement, term or condition of this Agreement, or to exercise any right or remedy <br /> consequent upon the breach thereof, shall constitute a waiver of any such breach or any <br /> subsequent breach of such cinenant, agreement, tear or condition. No covenant, <br /> agreement, term or condition of this Agreement and not Brea;h thereof shall be waived, <br /> altered or modified except by written instrument. No waiver cif any breach shall affect ol- <br /> alter this Agreement but each and every covenant, agreement. teen and condition of this <br /> 2 <br />