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control, including, without limitation, acts of God, acts of war, fire, explosion, earthquake, storm,
<br />flood, economic conditions or circumstances that make it infeasible to continue operations, and
<br />material and substantial breakdown of equipment, machinery, or facilities; provided, however,
<br />that CC &V shall have no obligation to pay for the Cripple Creek Water that Cripple Creek was
<br />unable to deliver or make available for delivery and that Cripple Creek shall have an obligation
<br />to refund payments already made by CC &V for such undelivered water. Nothing herein shall
<br />relieve CC &V of its obligation to pay for the Cripple Creek Water actually delivered.
<br />13. Default, Right to Cure. If either party believes that the other is in default under
<br />this Agreement, that party shall give written notice to the other immediately. Within 15 days of
<br />receiving a notice of default, the party accused of the default shall either cure or deliver a written
<br />response explaining why there has been no default. If the party accused of the default does not
<br />respond or cure within said 15 days, then that party shall be deemed to be in default, and the non -
<br />defaulting party shall have the right to terminate this Agreement, or in the case of nonpayment,
<br />Cripple Creek may interrupt delivery of the water furnished hereunder until the payment default
<br />is cured. If more than one payment default occurs, Cripple Creek may require payment for water
<br />in advance of delivery, subject to refund if the water is not made available.
<br />14. Written Notice. Whenever written notice is required under this Agreement, it
<br />shall be sent by U.S. Mail, First Class, postage prepaid, addressed to the parties as follows:
<br />To Cripple Creek:
<br />Cripple Creek City Administrator
<br />337 E. Bennett Ave.
<br />Cripple Creek, CO 80813
<br />With a copy to:
<br />Felt, Monson & Culichia, LLC
<br />319 N. Weber Street
<br />Colorado Springs, CO 80903
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<br />To CC &V:
<br />Cripple Creek and Victor Gold Mining
<br />Company
<br />Attn: General Manager
<br />100 North 3 Street
<br />Victor, CO 80860
<br />With a copy to:
<br />AngloGold (Colorado) Corp.
<br />Attn: General Counsel
<br />7400 East Orchard Road, Suite 350
<br />Greenwood Village, CO 80111
<br />Any address for notice may be changed by written notice to the other party as provided in this
<br />Paragraph 16.
<br />15. Merger. This Agreement constitutes the entire agreement between the parties
<br />with respect to the subject matter hereof, excepting complimentary provisions under the Victor
<br />Agreement, as amended. This Agreement shall not be modified, amended, supplemented,
<br />extended, or altered except as the parties may from time to time agree in writing executed by
<br />their authorized officers or representatives.
<br />16. Assignability. This Agreement shall be binding on the parties and their
<br />successors in interest. So long as the uses of the water remain the same as provided in Paragraph
<br />2 above, CC &V may freely assign this Agreement to its successor, joint venturer, parent
<br />company, sister company, or subsidiary company, and such assignee may in turn reassign this
<br />Agreement in accordance with this provision. CC &V or its assignees shall give Cripple Creek at
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