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<br />(9) If any part of this letter agreement is held by a court of competent jurisdiction to <br />be invalid or otherwise unenforceable, the court shall interpret the tenns hereof to give <br />the greatest effect to the parties' intentions in entering into this letter agreement. <br /> <br />(10) This letter agreement shall be construed under the laws of the State of Colorado. <br /> <br />(11) This letter agreement shall become effective on the date executed by Requestor. <br /> <br />(12) None of the terms, conditions, or covenants in this letter agreement shall give or <br />allow any claim, benefit, or right of action by any third person not a party hereto. Any <br />person other than Requestor or Level 3 receiving services or benefits under this <br />agreement shall be only an incidental beneficiary. <br /> <br />Please acknowledge your acceptance of the foregoing terms and conditions by signing this letter <br />agreement and delivering a cashier's check in the amount set forth above to the undersigned. <br />Level 3 will countersign this agreement and thereafter work with ROW Provider and City of <br />Louisville to coordinate a construction start date and the times for performing the Wark. <br /> <br />Sincerely, <br /> <br />Rick Miller <br />Leve13 Communications, LLC <br />1025 Eldorado Boulevard <br />Suite 33A-522 <br />Broomfield, CO. 80021 <br />(720) 888-7568 <br /> <br />Level3 Communications, LLC <br /> <br />City of <br /> <br /> <br />/ <br />;6 AGREED TO: <br /> <br />II <br /> <br />APPROVED AND AGREED TO: <br /> <br />Name: Rick Miller <br /> <br />By: <br /> <br />Signature: <br /> <br />;C:c~ ??/(.~ <br /> <br />Name: Charles L. Sisk <br /> <br />Title: Project Manager <br /> <br />Title: Mayor <br /> <br />Date: <br /> <br />Date: July 7, 2009 <br /> <br />- 3 - <br />