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CONFLUENCE: <br />Confluence Energy, LLC <br />Mark Mathis, President <br />PO Box 1.329 <br />300 Park Ave. <br />Krenunling, CO 80459 <br />TeI 970/389-2200 <br />Fax 970/255-9165 <br />landmarkd@earthlinlc.net <br />COUNTY: <br />Grand County Road & Bridge <br />Road & Bridge Superintendent <br />POBox9 <br />Granby, CO 80445 <br />Tel 970/8$7-2123 <br />Fax 970/$$7-.3168 <br />4. During the term of this MOU, Confluence shall absorb all personnel, equipment, aad <br />utility costs, associated with management and storage of County's soil stores, without an <br />obligation for County to reimburse Confluence for such costs, <br />5. The failure by a parry to enforce any provision of this MOU or the waiver of any specific <br />requirement of this MOU shall not be construed as a general waiver of this MOU or any <br />provision herein nor shaII such action act to estop the party from subsequently enforcing <br />this MOtJ according to its terms. <br />6. This MOU, and any agreement or document referred to herein, constitutes the entire <br />understanding between the parties with respect to the subjecC matter hereof and all other <br />prior understandings or agreements shall be deemed merged in this MOU <br />7. No attempt to modify this MOU shall be valid or become a part of this MOU unless <br />reduced to writing and signed by both parties.. <br />8. Nothing herein shaIl be interpreted as a waiver of County's sovereign immurtiry under the <br />Colorado Governmental Immunity Act. <br />Adopted and approved this ~~ day of ~ ~~ / , 2007. <br />BOARD OF COUNTY COMMii.SSIONERB <br />FOR THE COUNTY OF GRAND, STATE OF <br />O <br />~~~ <br />1 ies L. Newberry, Chairman <br />County Clerk a~ !~~~q ~ <br />CONFLUENCE ENERGY, I:.LC <br />this, President <br />