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If to Grantee: <br />Lafarge West, Inc. <br />11409 Business Park Circle, Suite 200 <br />Longmont, CO 80504 <br />with a copy to <br />Lafarge West, Inc. <br />Land Department <br />10170 Church Ranch Way, Suite 200 <br />Westminster, CO 80021 <br />(c) Waiver and Amendments. No waiver, amendment or modification of this <br />Agreement shall be valid unless in writing signed by an authorized officer of such party <br />in writing. <br />(d) Entire Agreement. This Agreement contains the entire understanding between <br />the parties and any and all prior oral or written agreements, representations or warranties, <br />contracts, understandings, correspondence, conversations, and memoranda, whether <br />written or oral, between Grantor and Grantee or between or among any agents, <br />representatives, parents, subsidiaries, affiliates, predecessors in interest or successors in <br />interest, with respect to the subject matter hereof, are merged herein and replaced hereby. <br />(e) Governing Law. This Agreement shall be construed in accordance with the <br />laws of the State of Colorado without giving effect to principles of conflict of laws. All <br />parties consent to the jurisdiction of all state and federal courts of record situated in the <br />State of Colorado. Service of process upon any party shall be deemed, in every respect, <br />effective upon such party if made by prepaid registered or certified mail, return receipt <br />requested, or if personally delivered against receipt to the address set forth herein or to <br />such other address as a party may designate in writing to the others. <br />(f) Headings. The Section and other headings contained in this Agreement are for <br />reference purposes only and shall not in any way affect the meaning or interpretation of <br />this Agreement. Wherever in this Agreement words indicating the plural number appear, <br />such words shall be considered as words indicating the singular number and vice versa <br />where the context indicates the propriety of such use. <br />(g) Severability. The paragraphs of this Agreement shall be severable and should <br />any part be declared invalid or unenforceable, the remainder shall continue in full force <br />and effect between the parties. <br />(h) Counterparts. This Agreement may be executed in counterparts, each of which <br />when so executed shall be deemed to be an original, and all such counterparts shall <br />together constitute one and the same instrument. <br />(i) No Third Party Beneficiary. It is expressly understood and agreed that the <br />terms and enforcement of the terms and conditions of this Agreement, and all rights of <br />action relating to such enforcement, are strictly reserved to the undersigned parties. <br />5 <br />