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I Rcdlinc J)rnft April 28. 20()() Showing Changes to Draft Dated April B. 2006 For Discussion Purposes Only performance to require the City to perfonll its obligations under this Agreement. Prior to commencement of any such action, CCTV shall give to the City v.lritten notice of the City's alleged breach, stating with patticularity the nature of the breach, and the giving the City at least ninety (90) days to cure such breach to the satisfaction of CCTV. In no event shall CCTV be entitled to or claim atlY form of damages, including without limitation lost profits, economic damages, or incidental, consequential, punitive or exemplary damages, or any other legal or equitable remedy against the City, all of v.rhich remedies CCTV by its execution hereof voluntarily waives and relinquishes. I SECTION 27.s-. WAIVER. The failure of either party at any time to require perforn1ance by the other of any provision of this Agreement shall in no way affect the right of the other party hereafter to enforce the same. Nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a ,,",,'aiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. I SECTION 286. SEVERABILITY. If any section, subsection, paragraph, term or provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such detennination shall have no effect on the validity of any other section. subsection, paragraph, term or provision of this Agreement, all of which ,vill remain in full force and effect for the tern1 of the Agreement. I SECTION 291, NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be given by hand delivery, by United States first class mail, postage prepaid, registered or certified, return receipt requested, by national overnight carrier, or by facsimile transmission, addressed to the party for whom it is intended at the following address: If to the City: City of Louisville Attn: City Manager 749 Main Street Louisville, Colorado 80027 Telephone: (303) 335-4533 Fax: (303)335-4550 If to CCTV: Citizens Community Television Attn: P,O. Box 581 Louisville, CO 80027 Telephone: (720) 938-7162 13