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.TUB-23-2014 17 52 LRFRRGE AGG SRLES 303657405 P.06iF76 jurisdiction other than the State of Colorado 13.3 Any failure by either party at any time, or from time to time, Io enforce or require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of [he right to enforce or require the strict keeping of such terms or conditions and shall not a impair such terms or conditions in any way or the right of either party at any time to avail itselfr remedies as it may have for any subsequent breach or breaches of any such terms or conditions or of any other term or condition of this Agreement, including, without limitation, the right to terminate as provided herein. 13.4 In the event of termination of performance under this Agreement by either party, no rights or remedies of either party shall thereby be waived, nor shall any breach by either party of the material covenants in this Agreement be waived, whether or not either party is in default at the time of such termination, but rather, any such termination shall be without prejudice to all rights and remedies in either party which would otherwise he available. 13.5 The terms and provisions of this Agreement shall survive the termination of this Agreement, howsoever brouoht about. 13.6 This Agreement shall not create any fights in third parties and no provision of this Agreement shall be construed as creating any obligations for the benefit of, or rights in favor of, any person or entity other than the parties hereto. Without limiting the foregoing, Company shall have no obligations to pay or to see m the payment of any monies due to any of Hauler's subcontractors or to any other party except as may be required by law. ARTICLE XIV NvTiv~ t4.1 Notice shall be affective upon receipt if delivered by certified mail, return receipt requested, postage paid; telecooy; or telephone, if confirmed by certified mail or telecopy '.vithin two (2j business "a ^ to: 'yam a. Hauler N1F±rG ~OMaS b. Company: ARTICLE XV ENTIP.E AGREEMENT 1a1 The Agreement constitutes the entire agreement between Company and I-'auler. This Agreement may not be amended except by~riting signed by Comparry and Hauler, and no pro...ise, agreement or representation not set forth herein or in such signed writing shall be of any force or effect. IN WITNESS WHEREOF, Hauler and Company have executed thi<_ .Agreement, effective as of the date first above written. '~ . r7`i . Gv'~¢ at a e: