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1707 Cole Blvd., Suite 100 <br />Golden, CO 80401 <br />LAFARGE: <br />Lafarge West, Inc. <br />c/o Eric Reckentine <br />1400 W. 64`h Avenue <br />Denver, CO 80221 <br />Longmont, CO 80502-0978 <br />COPY TO: <br />Schwarz McNab & Bailey, P.C. <br />c/o Jeffrey Schwarz, Esq. <br />Hudson's Bay Centre <br />1660 Stout Street, Suite 1700 <br />Denver, CO 80202-3164 <br />13. THIRD PARTY BENEFICIARY. The Parties acknowledge that the Ditch Company's <br />shareholders, as owners of the water rights delivered by the Ditch, are intended to be third party <br />beneficiaries of this Agreement. <br />] 4. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, <br />the Parties, their legal representatives, successors, and assigns. However, nothing in this <br />paragraph shall be construed to permit the assignment or delegation of this Agreement except as <br />specifically authorized in this Agreement. <br />15. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the <br />prior written consent of the Parties. <br />16. RECORDATION. This Agreement shall be recorded in the real property records of <br />Weld County, Colorado at Lafazge's expense. The failure to record all or portions of EXHIBIT <br />D because of the size of the documents shall not affect this Agreement. <br />17. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall <br />pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this <br />Agreement whether or not legal proceedings are instituted. <br />18. WAIVER OF BREACH. Any party's waiver of a breach of any term or provision of <br />this Agreement shall not operate or be construed as a waiver of any subsequent breach by any <br />P~Y~ <br />19. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in <br />this Agreement for all purposes. <br />20. SEVERABILITY. If any clause, sentence, term, condition, covenant or provision of this <br />Agreement is held to be illegal, null or void by a court of competent jurisdiction, then the <br />remaining portions of this Agreement shall remain in full force and effect. <br />21. CAPTIONS FOR CONVENIENCE. All headings and captions are for convenience <br />only and have no meaning in the interpretation or effect of this Agreement. <br />C:\DOCUME-1\SJANZENILOCALS-1\TEMP\C.NOTES.DATA\-48926fi7.DOC 95/04 3:37 PM MEW <br />