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settled by binding arbitration according to the rules of the American Arbitration Association <br />("AAA") in force at the time of such dispute, difference or controversy. In the event binding <br />arbitration becomes necessary, the Parties agree to hold the arbitration in the City and County of <br />Denver, Colorado. Landlord and Tenant shall each choose an arbitrator, which two (2) <br />arbitrators shall together choose a third arbitrator. The arbitration shall be heard by the panel of <br />three arbitrators. The prevailing party in any such arbitration shall be entitled to receive from the <br />other party the prevailing party's reasonable attorneys' fees, costs, and arbitration expenses. The <br />arbitrator's award may be enforced in any court of competent jurisdiction and such award may <br />include an award of eviction. <br />23. Relationship of Parties. Landlord and. Tenant are lessor and lessee, respectively, <br />and are not, except as they may otherwise agree between them in a subsequent writing executed <br />and acknowledged by each, nor shall they become by virtue of the Lease or any actions taken <br />pursuant hereto, anything other than lessor and lessee. Landlord and Tenant are not partners, <br />joint venturers, employed by one another, or agents of one another. <br />24. Notices. Whenever in the Lease it shall be required or permitted that notice or <br />demand be given or served by either party to this Lease to or on the other, such notice or demand <br />shall be given or served and shall not be deemed to have been given or served unless in writing <br />and forwarded by certified or registered mail, return receipt requested, addressed as follows: <br />LANDLORD: <br />READY MIXED CONCRETE COMPANY <br />4395 Washington Street <br />Denver. Colorado 80216 <br />Attn: Ron Henley <br />TENANT: <br />VARRA COMPANIES, INC. <br />8120 Gage Street <br />Frederick, Colorado 80516 <br />Attn: Chris Varra <br />With cony to: <br />Jeffrey W. Schwarz, Esq. <br />Carver Schwarz McNab & Bailey. LLC <br />1600 Stout Street, Suite 1700 <br />Denver, Colorado 80202 <br />Such addresses may be changed from time to time by either party by serving notices as <br />above provided. <br />25. Severability. If any part of this Lease shall be construed to be unenforceable, the <br />remaining parts shall remain in full force and effect. <br />26. Entire Agreement. This Lease contains the entire understanding and agreement <br />between Landlord and Tenant and supersedes all prior understandings, agreements, <br />representations, and other communications between Landlord and Tenant concerning the subject <br />matter hereof, and any executory agreement hereafter made between Landlord and Tenant shall <br />be ineffective to change, waive, release, discharge, terminate, or effect an abandonment of the <br />Lease, in whole or in part, unless such executory agreement is in writing and signed by each <br />party hereto.