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2013-01-09_HYDROLOGY - M1977344
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2013-01-09_HYDROLOGY - M1977344
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Last modified
8/24/2016 5:11:54 PM
Creation date
1/10/2013 7:19:57 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1977344
IBM Index Class Name
HYDROLOGY
Doc Date
1/9/2013
Doc Name
SWSP
From
OSE
To
Brown and Caldwell
Permit Index Doc Type
Hydrology Report
Email Name
TC1
Media Type
D
Archive
No
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or at such other address as the Board may direct by written notice. All notices required to be <br />given to Lessee hereunder shall be delivered to: <br />Holcim (US) Inc. <br />Portland Plant <br />3500 Highway 120 <br />Florence, CO 81226 <br />or at such other address as Lessee may direct by written notice. <br />28. Remedies. In the event that either party defaults in the performance of any of its <br />obligations under this Agreement, in addition to any and all other remedies provided in this <br />Agreement or by law or equity, each party shall have the right of specific performance against <br />the other. In the event of litigation, the prevailing party shall be entitled to its litigation costs, <br />including reasonable attorney's fees. <br />29. Default, Right to Cure. In the event that either party believes that the other is in default <br />of any obligation under this Agreement, the non - defaulting party shall give written notice of the <br />default to the defaulting party. Such notice will be given by certified or registered mail, postage <br />prepaid and return receipt requested. If a notice of default is provided, the party accused of the <br />default shall either cure it or provide a written statement explaining why it is not in default. If <br />the alleged default is not cured or otherwise resolved within thirty (30) days, the parties may <br />resort to their remedies. <br />30. Right to Enter Agreement. Each party hereby warrants and represents that it has the full <br />right and lawful authority to enter into this Agreement. <br />31. Governing Law. This Agreement shall be governed by the laws of the State of Colorado <br />in all respects. <br />32. Entire Agreement, Modification. This Agreement constitutes the entire Agreement <br />between the parties pertaining to the subject matter described in it and supersedes any and all <br />prior contemporaneous agreements, representations, and understandings. No supplement, <br />modification, or amendment of this Agreement shall be binding unless executed in writing by all <br />parties. <br />IN WITNESS WHEREOF, the Board and Lessee have caused these presents to be <br />executed in their respective behalf by their proper officers. <br />BOARD OF WATER WORKS OF PUEBLO, <br />COLORADO <br />By: <br />Executiv 'rector <br />Page 6 of 7 <br />
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