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To Lessor: Ground Water Management Subdistrict of the Central Colorado Water <br /> Conservancy District <br /> 3209 W.28th Street <br /> Greeley, CO 80634 <br /> To Lessee: Holcim—WCR,Inc. <br /> 1687 Cole Blvd, Suite 300 <br /> Golden, CO 80401 <br /> With a copy to Holcim(US) <br /> 8700 W. Bryn Mawr Ave, Suite 300 <br /> Chicago,IL 60631 <br /> Attn: Legal <br /> 6. AMENDMENT. This Agreement may be modified, amended, changed or <br /> terminated in whole or in any part only by an agreement in writing duly authorized and executed <br /> by all the Parties with the same formality as this Agreement. <br /> 7. WAIVER. The waiver of any breach or any of the provisions of this Agreement <br /> by any Party shall not constitute a continuing waiver of any subsequent breach by said Party, by <br /> either of the same or any other provision of this Agreement. <br /> 8. HEADINGS FOR CONVENIENCE ONLY. Paragraph headings and titles <br /> contained herein are intended for convenience and reference only and are not intended to define <br /> or limit the scope or intent of any provision of this Agreement. <br /> 9. NON-SEVERABILITY. Each paragraph of this Agreement is related with the <br /> other and is not severable unless by mutual consent of the Parties hereto. <br /> 10. BINDING EFFECT. This Agreement and rights and obligations created hereby <br /> shall be binding upon and shall inure to the benefit of the Parties hereto and their respective <br /> successors and assigns; however, this Agreement shall not be assigned except with the prior <br /> written approval of the non-assigning party which approval shall not be unreasonably withheld. <br /> . 11. GOVERNING LAW. This Agreement and its application shall be construed in <br /> accordance with the laws of the State of Colorado. Venue for the trial of any action under this <br /> Lease shall be in Weld County District Court. <br /> 12. - MULTIPLE ORIGINALS. This Agreement may be simultaneously executed in <br /> any number of counterparts, each of which shall be deemed original but all of which constitute <br /> one and the same agreement. Signatures may be evidenced by facsimile. Documents with <br /> original signature shall be provided to the other Party upon request by the other Party. <br /> 13. NO ATTORNEY'S FEES. In the event of any litigation, mediation, arbitration or <br /> other dispute resolution process arising out of or related to this Agreement, each Party agrees to <br /> Page 2 of 3 <br />