Laserfiche WebLink
9. Pioneer's Exclusive Remedy. In the event of any default or claimed default by <br />Broomfield, Pioneer's sole and exclusive remedy shall be to terminate this Lease. Broomfield shall <br />not be liable or responsible for any consequential, incidental, punitive or special damages related to <br />the Lease Water or any other matters related to this Lease. <br />10. Compliance with Laws. With respect to this Lease and the Leased Water, Pioneer shall <br />(a) comply with any and all applicable federal, state, Local or agency laws, regulations, rules, <br />ordinances or other directives, and (b) obtain all releases, licenses, permits or other authorizations <br />required by any governmental body or authority. <br />11. No Warranties. BROOMFIELD MAKES NO WARRANTY, EXPRESS OR IMPLIED, <br />CONCERNING THE QUALITY OF THE LEASED WATER, AND EXPRESSLY DISCLAIMS <br />ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR <br />PURPOSE OR OTHERWISE. <br />12. Notices. <br />Notices and inquiries shall be made as follows: <br />a. Broomfield: <br />City and County of ]Broomfield <br />Attn: Director of Public Works <br />One DesCombes Drive <br />Broomfield, Colorado 80020 <br />b. Pioneer: Pioneer Sand Company, Inc. <br />Attn: Joe Kraig <br />P.O. Box 7650 <br />Colorado Springs, CO 80933 <br />13. Force Majeure. Each Party shall be excused from performance under this Lease while <br />and to the extent that it is unable to perform, for any cause beyond its reasonable control, except that <br />Lessee's payment obligations hereunder shall not be delayed or excused by reason of force majeure. <br />Such causes shall include, but not be restricted to, fire, drought, storm, flood, earthquake, explosion, <br />war, labor disputes, total or partial failure of transportation or delivery facilities, shortage of labor, <br />raw materials or supplies, interruption of utilities or power, and any act of government or military <br />authority. In the event either Party is rendered unable wholly or in part by force majeure to carry out <br />its obligations under this Lease then the Party affected by force majeure shall have the right to <br />terminate this Lease upon thirty (30) days' written notice to the other Party. <br />14. Default. The occurrence of any one or more of the following events shall constitute a <br />default under this Lease: <br />a. Failure by either party to observe or perform any of its obligations, covenants, <br />conditions, representations or warranties pursuant to this Lease, where such failure is not remedied <br />Page 3 or 5 <br />