Laserfiche WebLink
26. Notification of Default and Cure: Notice of any default under this Construction <br /> Agreement shall be given to the defaulting party by the non-defaulting party. The <br /> defaulting party shall have twenty (20) days to cure any such default before any <br /> of the remedies identified in Paragraph 14 above are available to the non- <br /> defaulting party, provided that the period for curing any such default shall be <br /> extended for a reasonable period of time if the defaulting party is proceeding with <br /> all reasonable diligence to cure the default. <br /> 26. Waiver: The waiver of any breach of any provision of this Construction <br /> Agreement by any Party shall not constitute a continuing waiver of any <br /> subsequent breach of said Party, for either breach of the same or any other <br /> provision of this Construction Agreement. <br /> 27. Entire Agreement: This Construction Agreement along with a simultaneously <br /> executed Purchase and Sale Agreement represents the entire agreement of the <br /> Parties, and neither Party has relied upon any fact or representation not <br /> expressly set forth herein. This Construction Agreement executed or otherwise <br /> shall only be valid and enforceable if the Purchase and Sale Agreement is fully <br /> executed. This Water Storage Reservoir Construction Agreement supersedes all <br /> other prior agreements and understandings of any type both written and oral, <br /> among the parties with respect to the subject matter hereof. It has been made <br /> known to the Buyer that there currently exists a Royalties Agreement between <br /> Zadel Family, ILILLP and Northern Colorado Constructors, Inc. (A copy of this <br /> Agreement has been supplied. to the Buyer) The buyer having been notified of <br /> such Agreement will have no interest in this Royalties Agreement and any such <br /> Agreement will be between Zadel Family, LLLP and Northern Colorado <br /> Constructors, Inc. Any such Royalties Agreement shall be between the two <br /> parties and have no effect upon the Purchase and Sale Agreement or the Water <br /> Storage Reservoir Construction Agreement. <br /> 28. Headings for Convenience Only: Paragraph headings and titles contained <br /> herein are intended for convenience and reference only and are not intended to <br /> define, limit or describe the scope or intent of any provision of this Construction <br /> Agreement. <br /> 29. Non-Severability and Effect of Invalidity: Each paragraph of this Construction <br /> Agreement is intertwined with the others and is not severable unless by mutual <br /> consent of the Parties hereto. <br /> 30. Assignability: Contractor may not assign its rights or delegate its duties <br /> hereunder without the prior written consent of Owner. Owner may assign its <br /> rights or delegate its duties hereunder to another municipality or special district <br /> that has the demonstrated resources to meet the financial obligations of this <br /> Construction Agreement without the prior written consent of Contractor. Any <br /> other assignment or delegation by Owner will require Contractor's written <br /> consent. <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 24 <br />