2012-03-07_PERMIT FILE - C2010088A (20)

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RECEPTION #: 2524166, BK 4981 PG 844 02/23/2010 at 10:04:01 AM, 7 OF 53, R $265.00 S $1.00 EXEMPT Janice Rich, Mesa County, CO CLERK AND RECORDER including reasonable attorneys' fees and such reasonable costs and fees as may be incurred in connection with any appellate or bankruptcy proceedings. 13. Waiver. The failure or delay of any party at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the rights of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 14. Amendment. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, nor may any obligation hereunder be waived, except by written instrument signed by the parties hereto. 15. Entire Agreement. This Agreement and the modifications to Mutual Access Easement Agreement, the Center Easement and the South Easement shall constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements between the parties hereto respecting such matters. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 17. Notice. Whenever required or desirable, notice to a party shall be deemed sufficiently given upon the date of mailing in the United States mail, postage prepaid, certified or return receipt requested to the parties addresses set forth below: 17.1 Fruita: c/o Regent Properties, LLC, 11990 San Vicente Blvd, Suite 200 Los Angeles, California 90049. 17.2 Tavistock: 1200 Cherokee Street, Unit 101, Denver, CO. 80204 18. Counterparts. This Agreement may be signed in counterparts by the parties hereto, and the signature pages and accompanying acknowledgments of all parties may thereafter be assembled as a single Agreement for recordation purposes, creating a fully executed Agreement, enforceable against the parties thereto. [Signatures on Following Page]