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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, funds for the costs ant-"x <br />r-1 <br />attorney fees associated with holding a trial in such.application. % s <br />7. $ntire Agreement. This Agreement constitutes a completeunderstanding <br />of the parties and merges and supersedes any and all other discussions, proposals, A <br />• A <br />agreements, and undertaldngs, either oral or written, between the parties with respect tc'M' : <br />the subject-matter hereof. <br />8. Amendment. This Agreement shall not be changed, modified, terminated, <br />or amended except by a writing signed by each party to this Agreement. <br />.?..?p L <br />9. Paragaph Headings. Paragraph headings contained in this Agreement ark` <br />inserted for convenience of reference only, and shall not in any way define or affect the=: <br />meaning, construction or scope of any of the provisions hereof. <br />rr't <br />10. Successors anii As iggs. This Agreement shall be binding upon and inure <br />to the benefit of the parties, they permitted successors'and permitted assigns. <br />11. , Default and Remedies. In the event of a default of any party's obligations <br />hereunder, the party asserting a default shal give the othei party written notice thereof <br />and specify the default or defaults relied on. If the defaulting party fails to pure such 1 <br />default within 45 days after receipt of such notice, the non-breaching party shall have tl$ <br />right to specific performance or damages, o' both. <br />12, Jkticgs. Notices or other communications provided for herein or given i <br />connection 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: s _ <br />If to City: <br />City of Greeley Water and Sewer Department <br />Attn:. Water Resource Manager <br />•I 100 IV, street <br />Greeley, Colorado 80631 <br />Z. , <br />If to Lafarge: <br />Lafarge West, Inc. <br />Director of EnAiontient <br />10170 Churcp Ranch Way, -Suite 200 <br />Westminster, CO 80021 <br />• 5 . <br />i. <br />.1 <br />I <br />i <br />