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10. MODIFICATIONS AND BREACH: This Agreement contains the entire agreement and <br />understanding between the parties to this Agreement and supersedes any other agreements <br />concerning the subject matter of this transaction, whether oral or written. No <br />modifications, amendment, novation, renewal, or other alteration of or to this Agreement <br />shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in <br />writing by the undersigned parties. No breach of any term, provision, or clause of this <br />Agreement shall be deemed waived or excused, unless such waiver or consent shall be in <br />writing or signed by the party claimed to have waived or consented. Any consent by any <br />party hereto, or waiver of, a breach by any other party, whether expressed or implied, <br />shall not constitute a consent to, waiver of, or excuse for any other different or subsequent <br />breach. <br />11. SEVERABILITY: If any terms or condition of this Agreement shall be held to be invalid, <br />illegal, or unenforceable, this Agreement shall be construed and enforced without such a <br />provision to the extent this Agreement is then capable of execution within the original <br />intent of the parties hereto. <br />12. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and <br />agreed that enforcement of the terms and conditions of this Agreement, and all rights of <br />action relating to such enforcement, shall be strictly reserved to the undersigned parties, and <br />nothing contained in this Agreement shall give or allow any claim or right of actions <br />whatsoever by any other person not included in this Agreement. It is the express intention of <br />the undersigned parties that any entity other than the undersigned parties receiving services <br />or benefits under this Agreement shall be deemed an incidental beneficiary only. <br />IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of <br />20 <br />OWNER: <br />STATE OF COLORADO ) <br />) ss <br />COUNTY OF Weld COUNTY ) <br />