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Greenwood Village, Colorado 80111 <br /> If to RMCC: <br /> Alex Schatz <br /> Brannan Sand and Gravel Company, LLC <br /> 2500 Brannan Way <br /> Denver, Colorado 80229 <br /> 17. Modification: This Lease may be modified as necessary by mutual consent of both <br /> Parties as set forth in a signed and dated written amendment. Each party assumes all risks, <br /> liabilities, and consequences of performing work outside the specified scope of this Lease without <br /> a prior approved amendment. This Lease represents the entire agreement between the Parties and <br /> supersedes all prior agreements and understandings, written or oral, with respect to the subject <br /> matter of this Lease. No representations,warranties, or agreements have been made by United or <br /> RMCC to one another with respect to this Lease except those contained herein. <br /> 18. No Third Party Beneficiaries: It is expressly understood and agreed that <br /> enforcement of the terms and conditions of this Lease, and all rights of action relating to such <br /> enforcement, shall be strictly reserved to the Parties and nothing contained in this Lease shall give <br /> or allow any such claim or right of action by any other third party on such Lease. It is the express <br /> intention of the Parties that any person other than Parties receiving services or benefits under this <br /> Lease shall be deemed to be an incidental beneficiary only. <br /> 19. Strict Observation of Terms: The failure of a Party to insist in one or more cases <br /> upon the strict observation of any of the terms of this Lease shall not be considered as a waiver or <br /> relinquishment in any future case of any of the terms of this Lease. <br /> 20. Binding Effect: On the Lease Execution Date, this Lease shall inure to and be <br /> binding on the legal representatives,heirs, executors, administrators,successors and assigns of the <br /> Parties hereto. <br /> 21. Unenforceable Provisions: If any provision of this Lease is determined to be <br /> unenforceable or invalid,then such provision shall be unenforceable and invalid,and the remainder <br /> of this Lease shall remain in full force and effect to the extent practicable unless both Parties agree <br /> otherwise. <br /> 22. Captions: The captions of this Lease are for convenience of reference only, are not <br /> part of this Lease, and do not define or limit any of the terms of this Lease. Unless the context <br /> clearly requires otherwise,the singular includes the plural, and vice versa. <br /> 23. Governing Law: This Lease,and all claims or causes of action(whether in contract, <br /> tort or statute)that may be based upon, arise out of or relate to this Lease,is governed by the laws <br /> of the State of Colorado in all respects including matters of validity, construction, performance, <br /> and enforcement,without giving effect to any choice of law or conflict of laws rules or provisions <br /> (whether of the State of Colorado or any other jurisdiction)that would cause the application of the <br /> Augmentation Water Lease Agreement <br /> Page 5of11 <br />