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Docusign Envelope ID:2AEFE7F6-AB44-417F-969E-AA4F283CF777 <br /> responsible for performing its own due diligence and for becoming fully familiar with the <br /> condition of the land and any applicable restrictions, uses, or other conditions that might affect <br /> its development or use for a particular purpose. <br /> 26. MISCELLANEOUS <br /> (a) Notice. Every notice, demand, request, designation, consent, approval, or other document <br /> required under the provisions of this Lease shall be in writing or sent by electronic mail <br /> (email) or ground mail unless otherwise provided in the Lease. The Parties may change their <br /> address for notice purposes by giving the other party at least ten (10) days prior written <br /> notice. Notices shall be sent to the Lessee of record at the address of record as kept by the <br /> Board. <br /> (b) Survival of Terms, Conditions, Restrictions, Reservations, and Covenants. Any term, <br /> condition, restriction, reservation or covenant that gives rise to any rights or claims of the <br /> Board against Lessee shall be deemed to survive the termination, relinquishment, surrender <br /> or abandonment of this Lease until all claims and issues have been settled or resolved. Upon <br /> termination, surrender, or abandonment of this Lease for any reason, provided the Board <br /> does not expressly take-over or assume any of Lessee's obligations hereunder, the Board <br /> shall not be liable or responsible for compliance with any laws, rules, regulations, orders, <br /> local ordinances or resolutions applicable to this Lease. <br /> (c) Counterparts. This Lease may be executed in any number of multiple, identical, original <br /> counterparts, each of which shall be deemed to be an original, but all of which taken <br /> together shall constitute one and the same agreement. <br /> (d) Signatures. Signatures required in this Lease shall be either original "wet" handwritten <br /> signatures or digital signatures in accordance with the Colorado State Controller Contract, <br /> Grant and Purchase Order Policies regarding the use of digital signatures issued under the <br /> State Fiscal Rules. If any signatory signs this Lease using a digital signature in accordance <br /> with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding <br /> the use of digital signatures issued under the State Fiscal Rules, then any agreement or <br /> consent to use digital signatures within the electronic system through which that signatory <br /> signed shall be incorporated into this Lease by reference. <br /> (e) Severability. If for any reason provisions of this Lease or the application thereof to any <br /> person or circumstances, shall to any extent, be deemed invalid or unenforceable, the <br /> remainder of this Lease shall not necessarily be affected thereby and each provision of the <br /> Lease shall be valid and enforceable to the fullest extent permitted by law. <br /> (f) Captions and Headings. The captions and headings in this Lease are for convenience of <br /> reference only, and must not be used to interpret, define, or limit its provisions. <br /> (g) Construction Against the Drafter. In the event of an ambiguity in this Lease the rule of <br /> construction that ambiguities will be construed against the drafter does not apply and the <br /> Parties will be treated as equals and no party will be treated with favor or disfavor. <br /> (h) Entire Agreement. This Lease and all documents incorporated herein by reference represent <br /> the entire agreement between the Parties hereto. Prior or contemporaneous additions, <br /> deletions, or other changes to this Lease will not have any force or effect whatsoever, <br /> unless written in this Lease. No oral agreement shall be held to vary the provisions hereof. <br /> No oral agreement or implied covenant shall be held to vary the provisions hereof. This <br /> Lease shall not be amended or ratified except by written document executed by the Parties. <br /> (i) Lessee's Authority. If the Lessee is an entity other than an individual, each individual <br /> executing this Lease on behalf of said entity represents and warrants that he or she is duly <br /> authorized to execute and deliver this Lease on behalf of said entity and that this Lease is <br /> binding upon said entity in accordance with its terms. Each person or entity signing the <br /> EP 116819 Page 10 of 14 Revised_DOL_20240701 <br />