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DocuSign Envelope ID:3CAFFBD5-753D-4E03-902D-D35AC812E449 <br /> A. Failure by Arvada or Lessee to observe or perform any of its obligations, <br /> covenants, or conditions under this Agreement, where such failure is not remedied within <br /> five days of written notice thereof from the nonbreaching Party to the breaching Party; or <br /> B. Failure by Lessee to make any payment due as required by this Agreement, <br /> where such failure is not remedied within five days of written notice thereof from Arvada. <br /> C. Upon a breach and default of this Agreement, in addition to other legal <br /> remedies available to it, the non-breaching Party also shall have the right to cancel this <br /> Agreement for non-compliance with any provision hereunder by giving written notice of <br /> cancellation to the other Party; provided, however, that the non-breaching Party first must <br /> have given the breaching Party written notice of such non-compliance and an opportunity <br /> to cure pursuant to this Paragraph 9. <br /> 10. Assignment. Lessee may not assign its rights hereunder without the prior written <br /> consent of Arvada, which may be withheld in Arvada's sole discretion. <br /> 11. Entire Agreement. This Agreement represents the entire Agreement between the <br /> Parties on the matters set forth herein and supersedes all prior negotiations, representations <br /> or agreements respecting said matters whether written or oral. <br /> 12. BindingEffect.ffect. The execution of the Agreement by the Parties constitutes the <br /> execution of a binding lease agreement on the terms and conditions contained herein and <br /> may not be modified except in writing signed by both Parties. This Agreement shall be <br /> binding on the Parties' respective successors and assigns. This Agreement may be executed <br /> in counterpart(s), each of which shall be deemed to be an original, and all of which, taken <br /> together, shall constitute one instrument. Facsimile signatures shall be accepted as <br /> originals. The Parties consent to the use of electronic signatures by each of the Parties. <br /> The Parties agree not to object to the admissibility of this Agreement in the form of an <br /> electronic record, a paper copy of an electronic document, or a paper copy of a document <br /> bearing an electronic signature, on the grounds that it is an electronic record or an electronic <br /> signature or that it is not in its original form or is not an original. <br /> 13. Controlling Law. This Agreement shall be governed by the laws of the State of <br /> Colorado. <br /> 14. No Third Party Beneficiaries. It is expressly understood and agreed that <br /> enforcement of the terms and conditions of this Agreement, and all rights of action relating <br /> to such enforcement, shall be strictly reserved to the Parties hereto, and nothing contained <br /> in this Agreement shall give or allow any such claim or right of action by any other third <br /> party on such Agreement. It is the express intention of the Parties that any person or entity <br /> other than the Parties receiving services or benefits under this Agreement shall be deemed <br /> to be an incidental beneficiary only. <br /> 15. No Waiver of Governmental Immunity. Nothing contained in this or any of the <br /> exhibits attached thereto shall be construed as a waiver of any of the immunities, <br /> 4 <br />