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3, Water Quality. Thornton does not warrant or guarantee that the water It provides <br />satisfies any water quality standards, <br />4, Assignability, Lessee may freely assign its rights under this Water Lease In whole <br />or in part to any other person or entity. No such assignment will be affective until written notice <br />has been glvon to Thornton and no assignment will be allowed If It Increases the obligations <br />under this Water Lease. Prior to selling, permanently assigning or otherwise transferring <br />Lessee's rights under this Water Lease, Lessee agrees to notify Thornton of Its Intent to transfer <br />the rights and enter into an exclusive 30 day negotiation period with Thornton to determine If the <br />Parties can come to an agreement to transfer the rights back to Thornton. Thornton may assign <br />its obligation under this agreement only with the written consent of -Lessee or its assignee, <br />which consent shall not be unreasonably withheld. <br />5. Venue, This Water Lease shall be governed by the laws °of the State of Colorado, <br />and any legal action conoerning the provisions hereto shall be brought in the County of Adams, <br />State of Colorado. <br />6. Entire Agreement, This Water Lease constitutes the entire agreement between the <br />parties superseding all prior oral or written communications. None of the provisions of this Water <br />Lease may be emended, modified or changed except by a writing signed by both parties, <br />7. Waiver. The waiver of any breach of any of the provisions of this Water Lease by <br />either party shall not constitute a continuing waiver or a waiver of any subsequent breach by said <br />party either of the same or of another provision of this Water Lease. <br />8. Notices. All notices and communications regarding this. Water Lease should be <br />directed, In writing by hand delivery or certified mall return receipt requested, to the Water <br />Resources Manager, Civic Center 9500 Civic Center Drive, Thornton, Colorado, 80229, for <br />Thornton and to Aggregate Industries, Attn: Michael Refer, Vice President of Administration, <br />1707 Cole Boulevard, Suite 100, Golden, Colorado, 80401 for Lessee, or to any subsequent <br />address provided by the parties. <br />IN WITNESS WHEREOF, the Parties have executed this Water Lease on the date first above <br />written, <br />Exhibit D — Page 2 <br />