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<br /> <br /> <br />or authority to act for or on behalf of or to enter into any obliga- <br />tions binding on the other party to this AGREEMENT. <br />6. NOTICES: P.11 notices to be given under this Agreement shalt <br />be in writing na d delivered in person or mailed by certified or <br />registered U.S. mail to the party to receive such notice at the <br />folloo-ring addresses: <br />Weld County Board of Commissioners ("COUNTY") <br />P,O. Box 758 <br />Greeley, CO 80631-0758 <br />Andesite Rock Company ("ARC") <br />313 S. Phillips <br />P,O. Box 829 <br />Sioux Falls, SD 57117 <br />All notices shall be effective upon receipt. <br />7. FORCE MAJEURE. The failure of any party to perform any of <br />its respective obligations hereunder by reason of acts of God, strike, <br />or acts of any governmental agency or authority having jurisdiction <br />over matters set forth herein shall excuse timely performance of such <br />obligations but shall not excuse the performance of such obligations <br />as soon as reasonable practicable. The parties may, however, mutu~~i% <br />consent to ercuse a party from performing any obligation, in whole or <br />in part, upon a showing that performance has been rendered impractic- <br />able by reason of force majeure. <br />8. ASSIGP!MENT, This Agreement may not be assigned in whole or <br />in part by any party hereto with the prior written consent of the <br />other. <br />9. IP!VALIDITY. If any clause or provision of this Agreement is <br />illegal, invalid, or unenforceable, then it is the intention of the <br />parties that the remainder of this Agreement shall not be affected. <br />10. TEP,PIIPIATION. Should either ARC or COUNTY determine that the <br />Agreement as set torth herein should be terminated, notice shall be <br />given a minimum of ninety (90) days before the expiration of the <br />current term to the address listed above. In the event that ARC <br />should sell its operation, cease operating or file bankruptcy, the <br />COUNTY shall have the option of immediately terminating this Agree- <br />ment. <br />WELD COUNTY BOARD AND <br />OF COMMISSIONERS <br />8y: ~'~~ ~,:.c.~.,. By: <br />County Commiss' ner Tit <br />-2- <br />CO;7TINUED 0:1 PAGE 3 <br />