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<br /> <br /> <br /> <br /> <br />i <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, farads for the costs and: <br />attorney fees associated with holding a trial in sueh.application. <br />7. agLe Agreement . This Agreement constitutes a complete understandin <br />of the parties and merges and supersedes any and.all other discussions, proposals, ;;=f <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. kKagrapl} 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 ofthe 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 />.. t <br />11. , Defa* and Remedig, 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 />grid spec* the default or defaults relied on. If the defaulting party fails to cure such y <br />default within 45 days after receipt of such notice, the non breaching party shall have the <br />right to specific performance or damages, or both. <br />12, fire . Notices or other communications provided for herein or given: <br />conitection 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 />.* <br />-If to City: <br />City of Greeley Water and Sewer Department <br />Attn Water Resource Manager <br />•110410" Street <br />Greeley, Colorado 80631 <br />If to Lafarge; <br />Lafarge West, Inc. <br />Director of l nviro e t <br />10170 Church Ranch Way', -Suits x200 i r <br />Westminster; CO 80021 <br /> <br /> <br />5 <br />