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their respective successors and assigns if any are allowed. The Parties intend that either <br />of them shall not incur any liability other than those liabilities directly running to the <br />other -P -arty or their -respective assigns permitted under this Agreement, if any: Lafarge - <br />therefore covenants and agrees to indemnify, save and hold harmless Aurora from all <br />liability, cost or expense of any kind, including Aurora's costs of defense, to any other <br />party, arising in connection with or relating in any way to the execution, delivery or <br />perfoiuiance of any allowed assignment OT any related document by the parties thereto or <br />to the consummation of any transaction in connection with such documents. Likewise, <br />Aurora covenants and agrees to indemnify, save and hold harmless Lafarge from all <br />liability, cost or expense of any kind, including the Lafarge's costs of defense, to any <br />other party, arising in connection with or relating in any way to the execution, delivery or <br />performance of any allowed assignment or any related document by the parties thereto or <br />to the consummation of any transaction in connection with such documents. <br />20. Waiver of Breach. Waiver of breach of any of the provisions of this <br />Agreement by either party shall not constitute a continuing waiver of any subsequent <br />breach by said party of either the same or any other provision of this Agreement. <br />21. Multiple Originals. This Agreement may be simultaneously executed in <br />any number of counterparts, each one of which shall be deemed an original, but all of <br />which constitute one and the same Agreement. <br />22. Headings for Convenience. Headings and titles contained herein are <br />intended for the convenience and reference of the Parties only and are not intended to <br />confine, limit, or describe the scope of intent of any provision of this Agreement. <br />23. Recordation. Following the execution of this Agreement, the Parties may <br />cause this Agreement to be recorded with the Clerk and Recorder's Office of such county <br />or counties in Colorado as they may desire. <br />24. Notice. Unless otherwise stated herein, any notices, demands, or other <br />communications required or desired to be given under any provision of this Agreement <br />shall be given in writing, to be delivered personally, or sent by certified or registered <br />mail, return receipt requested, postage prepaid, to the following: <br />9411\104\1075876.1 <br />To Aurora: <br />Director of Utilities <br />City of Aurora, Colorado <br />15151 East Alameda Parkway, Suite 3600 <br />Aurora, Colorado 80012 <br />7 <br />