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6.1 This Agreement shall be governed by, and construed and . <br />enforced in accordance with, the laws of the State of Colorado. <br />7. NOTICES: <br />7.1 All notices, elections, requests, demands, waivers and <br />other communications hereunder shall be in writing and shall be <br />effective when delivered: (a) if to the District, in care of <br />the Secretary, Upper Yampa Water Conservancy District, Steamboat <br />Springs, Colorado 80438-0339, or at such other address as the <br />District shall have furnished to the Corporation in writing; or <br />(b) if to the Corporation, in care of the Peabody Coal Company, <br />Attn: President, Western Division, 1300 S. Yale, Flagstaff, AZ <br />86001, or at such other address as the Corporation shall have <br />furnished to the District in writing. <br />8. MISCELLANEOUS: <br />8.1 The water allocated to the Corporation under this <br />Agreement shall never be diverted or used out of the geographical <br />limits of the District. <br />8.2 In addition to all the other terms, conditions and <br />covenants contained herein, it is specifically understood and <br />agreed by and between the parties hereto that the rights of the . <br />Corporation hereunder are subject to the following terms, <br />conditions and limitations, to all intents and purposes as though <br />set forth verbatim herein and made a part hereof by reference, <br />to-wit: <br />A. The Water Conservancy Act of Colorado; <br />B. The terms and conditions of any and all water <br />right decrees for, or associated caith the operation of ,Stagecoach <br />Reservoir. <br />8.3 This Agreement shall be binding upon and insure to the <br />benefit of the parties hereto, their successors and assigns. <br />This Agreement may not be assigned nor transferred to any third <br />party without the prior written consent of both parties hereto, <br />which consent shall not be unreasonably withheld, provided, <br />however, that the District may, without the prior consent of the <br />Corporation, assign or transfer this Agreement to a third party <br />as security for the purpose of obtaining financing. This <br />Agreement constitutes the entire understanding and agreement <br />between the parties with respect to the subject matter hereof, <br />and shall supersede all prior understandings and agreements <br />between the parties with respect to such subject matter. The <br />captions in this Agreement are for the purposes of reference <br />only, and shall not limit or otherwise affect any of the term <br />hereof. <br />IN WITNESS WHEREOF, thc: parties hereto have caused this <br />Agreement to be duly executed and delivered by their respective <br />duly authorized officers as of the date first above written. <br />16-t-42 <br />