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(2) If Centennial is in default, Cooley shall have the <br />right to ah action for specific performance, but <br />not for damages. If Centennial is unable to <br />deliver 30 acre -feet of augmentation water per year <br />on a permanent basis in _accordance with the <br />Agreement To Lease Augmentation Water attached as <br />Appendix C, Centennial will deliver back to Cooley <br />the subject shares in the same fashion as they were <br />delivered to Centennial by Cooley. <br />4. Notices Any notice required or permitted by this agreement <br />shall be in writing and shall be deemed to have been <br />sufficiently given for all purposes upon personal service, or <br />upon telefax or deposit in the U.S. Mail with postage and service, <br />addressed to the party to whom such notice is to be <br />given at the address set forth on the signature page below, or <br />at such other address as has been previously furnished in <br />writing, to the other party or parties. <br />S. Additional Documents or Action. The parties agree to execute <br />any additional documents or take any additional action that is <br />necessary to carry out this agreement. <br />g. Entire Agreement This agree between n the parties t and there <br />represents the entire agreement <br />are no oral or collateral agreements or understandings. This <br />agreement may be amended only by an instrument in writing <br />signed by the parties. If any other provision of this <br />agreement is held invalid or unenforceable, no other provision <br />shall be affected by such holding, and all of the remaining <br />provisions of this agreement shall continue in full force and <br />effect. <br />7. Waiver of Breach A waiver by any party to this agreement of <br />the breach of any term or provision of this agreement shall <br />not operate or be construed as a waiver of any subsequent <br />breach by either party.. <br />g. Governina Law and Venue. This agreement shall be governed by <br />the laws of the State of Colorado. Venue for the resolution <br />of any dispute hereunder shall be in the proper court in <br />Douglas or* Arapahoe County. <br />9. Bindina Effect This agreement shall inure to the benefit of, <br />and be binding upon, the parties, their respective legal <br />representatives, successors, and assigns. <br />10. Effective Date This agreement shall take effect upon the <br />date by which it has been duly executed by both parties. <br />4 <br />