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Copy to: Gunnar Paulsen Bushong & Holleman P.C. 1525 Spruce Street, Suite 200 Boulder, CO 80302 Telephone: (303) 431-9141 Email: gpaulsenia bh-lawyers.com or at such other address as the Lessee may direct in accordance with this paragraph. 23. Miscellaneous. 23.1. Waiver. Failure of either Party to this Lease to exercise any right hereunder shall not be deemed a waiver of such Parry's right and shall not affect the right of said Party to exercise, at some future time, said right or rights or any other right it may have hereunder. No waiver of any of the provisions of this Lease shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. 23.2. No Exclusive Right or Privilege. Nothing in this Lease is to be construed as a grant by the Lessor of any exclusive right or privilege. 23.3. Remedies. In the event that either Party defaults in the performance of any of its obligations under this Lease, each Party shall have all remedies provided in this Lease or by law or equity, but neither Party shall have the right of specific performance against the other. In the event of litigation, the prevailing Party shall be entitled to its litigation costs, including reasonable attorney's fees. 23.4. Default, Right to Cure. In the event that either Party believes that the other is in default of any obligation under this Lease, the non -defaulting Party shall promptly give written notice of the default to the defaulting Party. If a notice of default is provided, the Party accused of the default shall either cure it or provide a written statement explaining why it is not in default. If the alleged default is not cured or otherwise resolved within thirty (30) days, the Parties may resort to their remedies. 23.5. Right to Enter into Lease. Each Party hereby warrants and represents that it has the full right and lawful authority to enter into this Lease. 23.6. Governing Law. This Lease shall be governed by the laws of the State of Colorado in all respects, with jurisdiction and venue restricted to a court of competent jurisdiction in Boulder County, Colorado. 23.7. Entire Agreement, Modification. This Lease constitutes the entire agreement between the Parties pertaining to the subject matter described in it and supersedes any and all prior contemporaneous agreements, representations, and understandings. No supplement, modification, or amendment of this Lease shall be binding unless executed in writing by all Parties. Page 6 of 8