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continuing or subsequent default. In addition to other legal remedies available to it, including <br />specific performance and damages, the non - breaching Party shall also have the right to cancel <br />this Agreement for noncompliance with any provision hereunder by giving written notice of <br />cancellation; provided that such Party has previously given the other Party written notice of such <br />noncompliance and the other Party has not cured such noncompliance. <br />12. Notices and payments. All notices, payments and other communications under <br />this Agreement shall be in writing, except as otherwise provided for in this Agreement. All such <br />notices and communications and all payments shall be deemed to have been duly given on the <br />date of service, if delivered and served personally, or served via facsimile (with respect to <br />notices and communications only) on the person to whom notice is given; on the next business <br />day after deposit for overnight delivery by a courier service such as Federal Express; or on the <br />third day after mailing, if mailed to the Party to whom payment and notice is to be given by first <br />class mail, postage prepaid, and properly addressed as follows: <br />Longmont: <br />With a Copy to: <br />Customer: <br />City of Longmont <br />Public Works and Water Utilities Director <br />1100 South Sherman Street <br />Longmont, Colorado 80501 <br />Facsimile (303) 651 -8812 <br />City of Longmont <br />City Attorney <br />408 Third Avenue <br />Longmont, Colorado 80501 <br />Asphalt Specialties Co. Inc. <br />10100 Dallas Street <br />Henderson, CO 80640 <br />Persons and addresses to which notices are to be sent may be changed by the same method. <br />13. No beneficiaries. This Agreement is for the sole benefit of and binds the Parties, <br />their successors and assigns. This Agreement affords no claim, benefit, or right of action to any <br />third party. Any person besides Longmont or Customer receiving services or benefits under this <br />Agreement is only an incidental beneficiary. <br />14. Governmental immunity. Nothing in this Agreement shall be construed to waive <br />Longmont's protection from liability or the limitations on its liability due to its sovereign <br />immunity under the Colorado Governmental Immunity Act or otherwise. <br />15. Governing law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Colorado. In the event of litigation over this <br />Agreement, jurisdiction and venue shall be proper and exclusive in the District Court in and for <br />L:IFRIEDLAN\My Documents L \Water• WastewaterWsphalt Specialties Short Term WSA 201 1- 12.doc 10/28/1110 /28/ 11 <br />Page 4 of 7 <br />