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be kept, observed and performed by the County, and such default shall continue for thirty <br /> (30) days after notice thereof in writing to the County by ACL without correction thereof <br /> then having been commenced and thereafter diligently prosecuted,ACL may declare the <br /> term of this Agreement ended and terminated by giving the County written notice of such <br /> intention. ACL shall have, in addition to the remedy provided above, any other right or <br /> remedy available to ACL on account of any County default, either in law or equity.ACL <br /> shall use reasonable efforts to mitigate its damages. In any dispute arising from a default <br /> or the subject matter of this Agreement the prevailing party shall be entitled to reasonable <br /> attorney fees and costs. <br /> 5. Notice. Any communication required or permitted under this Lease in writing shall be <br /> deemed sufficiently given or served if sent by United States mail or by electronic delivery, <br /> addressed as follows: <br /> If to the County to: <br /> Sedgwick County Board of County Commissioners <br /> 315 Cedar St, Ste 220 <br /> Julesburg, CO 80737 <br /> C01111ss1O11Crs U sl dg,\\ickCOIIMV.01'�-' <br /> If to ACL to: <br /> ACL Land& Cattle, LLC <br /> ATTN:Alex Laster <br /> 38096 US Hwy 24 <br /> Matheson, CO 80830 <br /> The Parties shall each have the right from time to time to change the place notice is to be <br /> given under this paragraph by written notice thereof to the other party. <br /> 6. Waiver. No waiver of any default of the Parties hereunder shall be implied from any <br /> omission to take any action on account of such default if such default persists or is repeated, <br /> and no express waiver shall affect any default other than the default specified in the express <br /> waiver and that only for the time and to the extent therein stated. One or more waivers by <br /> either Party shall not be construed as a waiver of a subsequent breach of the same covenant, <br /> term or condition. <br /> 7. Memorandum of Lease. The parties hereto contemplate that this Agreement should not <br /> and shall not be filed for record,but in lieu thereof,at the request of either party,the Parties <br /> shall execute a Memorandum of Lease to be recorded for the purpose of giving record <br /> notice of the appropriate provisions of this Agreement. <br /> 8. Headings. The headings used in this Agreement are for convenience of the parties only <br /> 2 <br />