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written notice of the default to the <br />accused of the default shall either i <br />in default. If the alleged default is <br />parties may resort to their remedies <br />35. Waiver. Failure of <br />deemed a waiver of such party's ri <br />some future time said right or righ <br />of the provisions of this Agreemer <br />provision, whether or not similar, ~ <br />waiver shall be binding unless exe <br />36. Right to Enter Ag_r <br />the full right and lawful authority <br />37. Governing Law. <br />Colorado in all respects. <br />38. Entire Agreemer <br />Agreement between the parties <br />and all prior contemporaneous <br />modification, or amendment of <br />parties. <br />39. Recording. The <br />Recorder of Pueblo County Co] <br />IN WITNESS WHEREOF, <br />executed in their respective behalf <br />ling party. If a notice of default is provided, the party <br />or provide a written statement explaining why it is not <br />red or otherwise resolved within thirty (30) days, the <br />forth herein. <br />party hereto to exercise any right hereunder shall not be <br />i shall not affect the right of said party to exercise at <br />ry other right it may have hereunder. No waiver of any <br />be deemed or shall constitute a waiver of any other <br />ill any waiver constitute a continuing waiver. No <br />n writing by the party making the waiver. <br />Each party hereby warrants and represents that it has <br />into this Agreement. <br />shall be governed by the laws of the State of <br />ation. This Agreement constitutes the entire <br />to the subject matter described in it and supersedes any <br />representations, and understandings. No supplement, <br />ment shall be binding unless executed in writing by alt <br />record this Agreement in the records of the Clerk and <br />and Evans have caused these presents to be <br />proper officers. <br />THE BOARD OF WATER WORKS OF <br />PUEBLO, COLORADO <br />By: <br />Alan C. Hamel, Executive Director <br />l~~i~...~ \~~..~Q <br />C./`- <br />C.R. EVANS <br />11 <br />