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9 Cooley shall have the right to an action for , <br /> specific performance, but not for damages, if Centennial is ever in <br /> default on its obligations described herein, Cooley acknowledges <br /> that the water available to Centennial is dependent on sources from <br /> which the supply is variable in time and quantity and which are, to <br /> some extent, beyond the control of Centennial. ooley�agrees that <br /> Centennial shall not be considered to be in default on its <br /> obligations described herein as a result of unavailability, of <br /> Centennial' s water supply due to inadequate un ff or ether <br /> occurrences beyond the` reasonable control of` Centennial.' <br /> Centennial will make a reasonable attempt to notify Cooley i <br /> advance of any interruptions in delivery. <br /> 10. Cooley may terminate this lease agreement at any <br /> time by delivering written notice to Centennial. Upon delivery of <br /> such notice, this lease" agreement shall. be terminated,` Such <br /> termination of this lease agreement shell not affect the validity <br /> of Centennial' s ownership interest in: the Nevada Ditch shares <br /> previously awned by Cooley described in paragraph I . However, if <br /> Centennial' s title to any part of sa:,'.d Nevada Ditch shares is ever <br /> defeated by the' claim of a third party based upon act$ or omissions <br /> attributable to Cooley while Cooley was an owner of said Wevada <br /> Ditch shares, then this lease shall terminate at Centennial's <br /> option, provided Centennial. gives Cooley a reasonable opportunity <br /> to cure the title;defe t before-Centennial notifies Cooley of such <br /> termination. <br /> 11. All notices provided, for in this lease agreement <br /> shall be ' in ,wrtin , and shall be deemed properly given and <br /> received_three (3) 'days after being mailed, if sent by certified or <br /> registered United States Maik, postage prepaid, addressed to a <br /> party at its address set forth at the beginning of this lease <br /> agreement or such other address as a party may designate by written <br /> notice to the other party. <br /> 1.2. Neither party to this lease agreement may assign its <br /> rights and obligations under this lease agreement without obtaining <br /> the express written consent of the other party. Subject to the <br /> foregoing, the terms and provisions' of this lease agreement shall, <br /> e ,binding upon and inure to the benefit of Centennial. and. Cooley, <br /> and their successors and assigns. <br /> 13 : This Agreement represents the entire agreement; <br /> between the parties and there are no oral or collateral agreements <br /> or understandings. This , Agreement may be amended only by an <br /> instrument in writing signed by the parties . <br /> 4 <br />