Laserfiche WebLink
' % <br />6. Notices. All notices or other communications required or permitted under this <br />Lease shall be in writing, and shall be personally delivered or seat by facsimile <br />telecommunication or by certified mail, postage prepaid, return receipt requested, <br />addressed to the parties at their respective addresses set forth below. Such notice or other <br />communication shall be deemed given (i) upon receipt if personally delivered, (ii) upon <br />sending if delivered by facsimile telecommunication, so long as the sending party is able <br />to provide facsimile machine-generated confirmation of completion of <br />transmission, or (iii) two business days after mailing if by certified mail. Notice of <br />change of address shat' 1 be given by written notice in the manner detailed above. <br />BOWIE: Bowie Resources, LLC <br />Attention: Bill Bear <br />P.O. Box 1488 <br />Paonia, CO 81428 <br />Fax No.: 970-929-5256 <br />LESSOR: Overland Water Ranchers LLC <br />27497 Buffalo Road <br />Hotchkiss, CO 81419 <br />Fax No.: 970-835-7601 <br />7. The Lessor warrants that it will maintain 1100 shares of Overland Water <br />committed under this contract and that the Lessor of said water shall own and have <br />control of said water so as to have the ability to commit the 'share under this contract. <br />8. Misceltaneous Provisions. <br />A. This Lease shall be binding upon the parties hereto, their heirs, successors <br />and assigns. Bowie shall not sublease the Overland Shares, nor assign all or a portion of <br />this Lease, without the prior written consent of the Lessor. <br />B. If it is necessary for either party to enforce this Lease or exercise any of <br />the rights or remedies provided in this Lease, the prevailing or non-breaching party shall <br />be entitled to collect from the other party all reasonable costs incurred thereby, including <br />without limitation attorneys' fees, court costs, service of process fees, and witness <br />expenses, regardless of whether actual litigation or court proceedings are involved. <br />C. Time is of the essence in all provisions of this Lease. <br />D. This Lease shall be governed under, and construed pursuant to, the laws of <br />the State of Colorado. The parties agree that venue and jurisdiction for any dispute <br />related to the obligations of any party to this Lease shall be in Delta County, Colorado. <br />E. This Lease shall be modified by writing only, which writing must be <br />executed by the parties hereto in order to be effective- <br />4