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If to Lessor: <br />With a copy to: <br />If to Lessee: <br />With a copy to: <br />Dillon Ranches, LLLP <br />P.O. Box 1773 <br />Durango, CO 81302 <br />Frank J. Anesi <br />P.O. Box 2185 <br />Durango, CO 81302 <br />Fax: (970) 259 -2793 <br />Elam Construction, Inc. <br />556 Struthers Ave. <br />Grand Junction, CO 81501 <br />Gibson, Dunn & Crutcher LLP <br />1801 California St. <br />Ste 4200 <br />Denver, CO 80202 <br />Attention: Beau Stark <br />Fax: (303) 313 -2839 <br />In case of change of office or address of either party hereto, the one so changing shall <br />give notice thereof and designate the address to which it desires, or they desire, such notice to be <br />sent, and in the absence of such notice, notice executed in accordance with this numerical <br />paragraph shall be deemed sufficient. <br />20. Assignment. This Agreement shall be binding upon and inure to the benefit of <br />each of the parties and their respective successors and assigns. Lessee shall not have the right to <br />sublet or assign its interest under this Lease without Lessor's prior consent, which consent will <br />not be unreasonably withheld. <br />21. No Waiver. No delay or failure by either party to exercise any right hereunder, <br />and no partial or single exercise of such right, shall constitute a waiver of that or any other right, <br />unless otherwise expressly provided herein. <br />22. Counterparts. This Agreement may be executed in one or more counterparts <br />(including facsimile or electronic transmission counterparts) each of which shall be deemed an <br />original but all of which together shall constitute one and the same instrument. <br />23. Headings. Descriptive headings herein are for convenience only, and shall not be <br />deemed to affect the meaning or construction of any provision hereof. <br />13 <br />