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3 _ <br />consideration as may be mutually agreed upon between the parties. This paragraph does <br />not obligate Lafarge to expend, or obligate Greeley to reimburse, funds for the costs andl <br />attorney fees associated with holding a trial in such.application. <br />7. Entire Agreement. This Agreement constitutes a complete understanding <br />of the parties and merges and supersedes any and all other discussions, proposals, <br />agreements, and undertakings, either oral or written, between the parties with respect to <br />the subject matter hereof. <br />8. Amendment. This Agreement shall not be changed, modified, terminated, <br />or amended except by a writing signed by each party to this Agreement- <br />9. Paragraph Headings. Paragraph headings contained in this Agreement are <br />inserted for convenience of reference only, and shall not in any way define or affect the- <br />meaning, construction or scope of any of the provisions hereof. <br />10. Successors and Assigns. This Agreement shall be binding upon and inure <br />to the benefit of the parties, their permitted successors and permitted assigns. <br />11.. Default and Remedies. In the event of a default of any party's obligations <br />hereunder, the party asserting a default shall give the other party written notice thereof <br />and specify the default or defaults relied on. If the defaulting party fails to cure such <br />default within 45 days after receipt of such notice, the non-breaching party shall have th6 <br />right to specific performance or damages, or both. <br />12. Notices. Notices or other communications provided for herein or given in <br />connection herewith shall be deemed given, made, delivered or served if made in writing' <br />and delivered personally or sent by registered or certified United States mail, return <br />receipt requested and postage prepaid, to: <br />If to City: <br />City of Greeley Water and Sewer Department <br />Attn: Water Resource Manager <br />110010' Street <br />Greeley, Colorado 80631 <br />If to Lafarge: <br />Lafarge West, Inc. <br />Director of Environment <br />10170 Church Ranch Way', Suite 200 <br />Westminster; CO 80021 <br />5