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iAN=19-99 TUE 440 PM <br /> <br />t4'YATT AND MARTELL LL% PAX N0. 9i0 4S4 1170 °. ? <br />_... ~. <br />21. 2Lendmeats to be in tar ti a, Thie Lease may be modified <br />or amended only by a writing duly authorized and executed by both <br />the Landlord and the Tenant. It .may not be amended or modified by <br />oral agreements or understandings between the parties unless the <br />same shall he reduced to Writing duly authorized and executed by . <br />both .the Landlord and the Tenant. <br />22. otice. Any notice required or desired to be given by <br />the parties hereto shalt be in writing and may ba personally <br />delivered; mailed, certified mail, return receipt requested; sent <br />by telephone facsimile With a hard copy sent by regular mail; sent <br />by electronic mail; or sent by an internationally recognized <br />racaiptad overnight delivery service, including, by example and not <br />limitation, United Parcel Service or Federal Express. 'Any such <br />notice shall be deemed given when personally delivered; if mailed, <br />three (3) delivery days after deposit in the United Staten mail, <br />postage prepaid; if sent by telephone facsimile or electronic mail, <br />on the day sent iP sent on a business day durfng normal business <br />hours of the recipient or on the next business day if sent at any <br />other time; or if sent by overnight delivery service, one (1) <br />business day after deposit in the custody of the delivery service. <br />Posting of notices on the Leased Premises shall not be sutfieient <br />alone to give notice to the Tenant of a default under this Lease. <br />The mailing addressee, telephone numbers, and electronic mail <br />addresses for the mailing, tra»smitting, or delivering oP notices <br />shall be as set forth above. Notices of a change of address or <br />either party shall be given in the same manner as all other notices <br />as horeinabova provided. <br />23. j2eaarvation O= unting Rights. Tha Landlord hereby <br />expressly reserves to itself and its guests and invitsas'the right <br />to hunt an the Leased Premises, provided that the Landlord shall <br />indemnify and hold harmless the Tenant from and against any and all <br />claims, demands, actions, suits, or proceedings of whatever kind or <br />nature which may be brought against the Tenant arising out of, as <br />a result of, or in connection with any hunting on the Leased <br />Premises by the Landlord, its guests or invitees, and provided <br />further that the Landlord shall reimburse the Tenant for the cost <br />of repairing any damage done to the Tower, Building, or any other <br />improvements constructed on the Leased Premises by the Tenant as <br />the result of hunting on the Property by the Landlord, its guests <br />and invitees. <br />24. t~ondiaturbance. This Lease Agreement and the Tenants. <br />obligations hereunder era expressly conditional and contingent upon <br />the execution and continuing performance of a Nondisturbance <br />Agreement by Holnam, Inc., a Colorado corporation, or any other <br />person or entity that owns minerals or mineral rights under or in <br />the immediate vicinity of the Leased Premises. <br />