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Company, or any other party, whether based upon breach of contract, tort, strict liability or <br />any other claim for relief of whatever nature or description. However, Company may be <br />awarded specific performance, injunctive relief or other similar non-monetary remedy if <br />proven by Company. Company shall have the burden of proof for such relief. <br />8. FAIR COMPENSATION. The term "fair compensation" as used in this <br />agreement requires that Company shall pay to Lamar an amount equal to the actual cost <br />incurred by Lamar in the relocation of power lines owned by Lamar. Lamar may request <br />payment of all or a portion of this amount before commencing the relocation. Payment for <br />any invoice shall be due and payable within 15 days of billing. Interest shall accrue at the <br />rate of 8% per annum for any amount not paid within 15 days of invoice. <br />9. RELOCATION. If the relocation of power lines owned by Lamar is <br />required, Lamar shall have the exclusive right to construct and install said power lines. <br />10. FURTHER AGREEMENT. It is understood that this agreement does not <br />grant any type of consent or permission by Lamar to GP Ranches, LLC to utilize any <br />property owned by Lamar. It is understood that the mining permit which has been <br />requested from the Colorado Division of Reclamation, Mining and Safety will not include <br />any property owned by Lamar. A map of the premises is attached hereto. A separate <br />written agreement between Lamar and GP Ranches, LLC will be required concerning the <br />use of any property owned by Lamar. <br />11. NOTICE. Any notice required hereunder shall be given by (a) personal <br />service, (b) certified mail, return receipt requested, (c) facsimile, provided such notice is also <br />sent by either certified mail or regular mail the same day, or (d) e-mail, provided such notice <br />is also sent by either certified mail or regular mail the same day. Notice shall be effective as <br />of the date of service, except that if notice is given by certified mail, notice shall be deemed <br />to have been given three days after the date of such mailing. <br />12. BINDING EFFECT. This Agreement is binding upon the parties and their <br />respective successors and permitted assigns. In the event of any conflict with the provisions <br />of the main agreement, the provisions of this Addendum shall control. <br />THE UTILITIES BOARD OF THE <br />CITY OF LAMAR, COLORADO, A <br />MUNICIPAL CORPORATION, <br />DOING BUSINESS AS LAMAR <br />LIGHT AND POWER <br />G P RANCHES, LLC <br />By <br />Rick Rigel, Superintendent <br />Date Signed: , 2009 <br />By <br />Karl Nyquist, Manager <br />Date Signed: )2009