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<br /> <br />k, a r <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, funds for the costs anti : <br />: <br />attorney fees associated with holding a trial in such.application.' <br />7. Entire eement.. This Agreement constitutes a complete understanding <br />of the parties and merges and supersedes any and all other discussions, .proposals, 11"! ' <br />agreements, and undertakings, either oral or written, between the parties with respect td d <br />the subject-matter hereof. <br />81 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. Far,rp-h Headings, Paragraph headings contained in this Agreeriient artap i <br />inserted for convenience of reference only, and shall not in any way define or affect the:, <br />meaning, construction or scope of any of the provisions hereof. <br />10. Successors an Assigns. This Agreement shall be binding upon and inure ' <br />to the benefit of the parties, their permitted successors'and permitted assigns. ' <br />11. , Default and Remedies. 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 />and spec* the default or defaults relied on. If the defaulting party fails to cum such. t <br />default within 45 days after receipt of such notice, the non-breaching party shall have tb' <br />right to specific performance or damages, or both. <br />12, N_QAggs. Notices or other communications provided for herein or given <br />-connection herewith shall be deemed given, made, delivered or served if made in writiri ' <br />and delivered personally or sent by registered or certified'United States mail, return <br />receipt requested and postage prepaid, to: <br />.If to city: <br />•sF , <br />City of Greeley Water and Sewer Department <br />Attn:. Water Resource Manager <br />-110010" Street <br />:t# <br />Greeley, Colorado 80631 <br />If to Lafarge; j <br />Lafarge West, Inc. <br />Director of EnArbnMent " <br />10170 Churcp Ranch Way', Sujte 200 ; <br />Westminster; CO 80021 j <br />FI 1 <br />i <br />4 <br />5 ; <br />i <br />I <br />'Al