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(b) Entire Agreement. This Agreement represents the entire agreement of the parties <br />and neither party has relied upon any fact or representation not expressly set forth herein. All <br />prior and contemporaneous conversations, negotiations, possible alleged agreements, <br />representations, covenants and warranties concerning the subject matter hereof, are merged in <br />this Agreement. <br />(c) Multiple Originals. This Agreement may be simultaneously executed in any <br />number of counterparts, each one of which shall be deemed an original, but all of which <br />constitute one and the same Agreement. <br />(d) Amendment. This Agreement may be amended, modified, changed, or terminated <br />in whole or in part only by written agreement duly authorized and executed by the parties hereto. <br />(e) Headings for Convenience. Headings and titles contained herein are intended for <br />the convenience and reference of the parties only and are not intended to confine, limit, or <br />describe the scope of intent of any provision of this Agreement. <br />(f) Governing Law and Venue. This Agreement and its application shall be <br />construed in accordance with the law of the State of Colorado. Should it be necessary to initiate <br />court proceedings concerning this Agreement, the parties agree that venue shall be in the District <br />Court for Arapaho County, Colorado. <br />(g) No Attorney Fees. In the event of any litigation, mediation, arbitration or other <br />dispute resolution process arising out of or related to this Agreement each party agrees to be <br />responsible for its own attorney and other professional fees, costs and expenses associated with <br />any such proceedings. <br />(h) No Construction Against Drafter. This Agreement was drafted by Aurora with <br />review and comment from the attorney for Lessee. Accordingly, the parties agree the legal <br />doctrine of construction against the drafter will not be applied should any dispute arise <br />concerning this Agreement. <br />(i) Non - Severability: Effect of Invalidity. Each Section in this Agreement is <br />intertwined with the others and are not severable unless by mutual consent of Aurora and Lessee <br />or as provided for below. If any provision or portion of this Agreement or the application thereof <br />to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable for <br />any reason by a Court of competent jurisdiction, and the basis of the bargain between the parties <br />hereto is not destroyed or rendered ineffective thereby, the remainder of this Agreement, or the <br />application of such provisions to persons or circumstances other than those as to which it is held <br />invalid or unenforceable, shall not be affected thereby. <br />(j) Waiver of Breach. Waiver of breach of any of the provisions of this Agreement <br />by either party shall not constitute a continuing waiver of any subsequent breach by said party of <br />either the same or any other provision of this Agreement. <br />(k) Non - Business Days. If any date for any action under this Agreement falls on a <br />Saturday, Sunday or a day that is a "holiday" as such term is defined in Rule 6 of the Colorado <br />9411\311521500.1 <br />7 <br />