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To Brannan: Brannan Sand and Gravel Company, L.L.C. <br /> 2500 Brannan Way <br /> Denver, CO 80229 <br /> Attn: Tim Szczepanski, Controller(RMCC) <br /> with copy to Carver Schwarz McNab Kamper& Forbes, LLC <br /> 1600 Stout Street, Suite 1700 <br /> Denver, CO 80202 <br /> Attn: Jeffrey W. Schwarz, Esq. <br /> Notices shall be effective (iv) the next day following the date sent by an established express <br /> delivery service which maintains delivery records requiring a signed receipt, (v) upon receipt by <br /> the addressee of a hand delivery, or (vi) three (3) days following the date of mailing via certified <br /> or registered mail, postage prepaid, return receipt requested. <br /> (2) Notwithstanding the foregoing, the Parties may communicate with respect to <br /> extensions of the Term and modifications of the Delivery Schedule pursuant to Paragraphs 1. and <br /> 2, above, by e-mail or regular postal delivery service as follows: (i) to Aurora to John Murphy at <br /> �n1u l�yauroraov.ora or 15I51 East Alameda Parkway, Suite 3600, Aurora, CO 80012-1555; <br /> and (ii) to Brannan to Jeff Schwarz at jschwarz@csmkf com, or to such address as may be <br /> designated by Notice in the manner provided for under(1) of this Paragraph 20(g), above. <br /> (h) Non-Business Da s. If any date for any action under this Agreement falls on a <br /> Saturday, Sunday or a day that is a "holiday" as such term is defined in Rule 6 of the Colorado <br /> Rules of Civil Procedure, then the relevant date shall be extended automatically until the next <br /> business day. <br /> (i) Commissions and Fees. Each Party shall be solely responsible for the payment of <br /> any and all real estate commissions or other commissions or fees that it incurs with respect to this <br /> Agreement. <br /> 0) Governing Law and Venue. This Agreement and its application shall be construed <br /> in accordance with the law of the State of Colorado. Should it be necessary to initiate court <br /> proceedings concerning this Agreement, the Parties agree that venue shall be in the District Court <br /> for Arapahoe County, Colorado. <br /> (k) No Attorneys' Fees. In the event of any litigation, mediation, arbitration or other <br /> dispute resolution process arising out of or related to this Agreement each Party agrees to be <br /> responsible for its own attorneys' and other professional fees, costs and expenses associated with <br /> any such proceedings. <br /> (1) No Construction Against Drafter. This Agreement was drafted by Aurora with <br /> review and comment from the attorney for Brannan. Accordingly, the Parties agree the legal <br /> doctrine of construction against the drafter will not be applied should any dispute arise concerning <br /> this Agreement. <br />