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Section 12.1.108.In the event of any dispute over the terms and conditions of this <br /> Agreement,the exclusive venue and jurisdiction for any litigation arising hereunder shall <br /> be in the District Court of El Paso County,Colorado,and, if necessary for exclusive <br /> federal questions,the United States District Court for the District of Colorado. <br /> 10.11. No waiver of any of the provisions of this Agreement shall be deemed to <br /> constitute a waiver of any other of the provisions of this Agreement,nor shall such <br /> waiver constitute a continuing waiver unless otherwise expressly provided herein,nor <br /> shall the waiver of any default hereunder be deemed a waiver of any subsequent default <br /> hereunder. <br /> 10.12. This Agreement constitutes the entire agreement between the Parties and sets <br /> forth the rights,duties,and obligations of each to the other as of this date. Any prior <br /> agreements,promises,negotiations,or representations not expressly set forth in this <br /> Agreement are of no force and effect. <br /> [the remainder of this page intentionally left blank) <br /> 10 <br /> Exhibit A <br />