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Telephone: (805) 870-5719 <br />Email: iaytaylorschultz a.gnail.com: kmw.schultzl7a.gmail.com <br />Copy to: <br />Gunnar Paulsen <br />Bushong & Holleman P.C. <br />1525 Spruce Street, Suite 200 <br />Boulder, CO 80302 <br />Telephone: (303) 431-9141 <br />Email: gpaulsenna.bh-lawvers.com <br />or at such other address as the Lessee may direct in accordance with this paragraph. <br />23. Miscellaneous. <br />23.1. Waiver. Failure of either Party to this Lease to exercise any right hereunder shall <br />not be deemed a waiver of such Parry's right and shall not affect the right of said <br />Party to exercise, at some future time, said right or rights or any other right it may <br />have hereunder. No waiver of any of the provisions of this Lease shall be deemed <br />or shall constitute a waiver of any other provision, whether or not similar, nor <br />shall any waiver constitute a continuing waiver. No waiver shall be binding unless <br />executed in writing by the Party making the waiver. <br />23.2. No Exclusive Right or Privilege. Nothing in this Lease is to be construed as a <br />grant by the Lessor of any exclusive right or privilege. <br />23.3. Remedies. In the event that either Party defaults in the performance of any of its <br />obligations under this Lease, each Party shall have all remedies provided in this <br />Lease or by law or equity, but neither Party shall have the right of specific <br />performance against the other. In the event of litigation, the prevailing Party shall <br />be entitled to its litigation costs, including reasonable attorney's fees. <br />23.4. Default, Right to Cure. In the event that either Party believes that the other is in <br />default of any obligation under this Lease, the non -defaulting Party shall promptly <br />give written notice of the default to the defaulting Parry. If a notice of default is <br />provided, the Parry accused of the default shall either cure it or provide a written <br />statement explaining why it is not in default. If the alleged default is not cured or <br />otherwise resolved within thirty (30) days, the Parties may resort to their <br />remedies. <br />23.5. Right to Enter into Lease. Each Party hereby warrants and represents that it has <br />the full right and lawful authority to enter into this Lease. <br />23.6. Governing Law. This Lease shall be governed by the laws of the State of <br />Colorado in all respects, with jurisdiction and venue restricted to a court of <br />competent jurisdiction in Boulder County, Colorado. <br />23.7. Entire Agreement, Modification. This Lease constitutes the entire agreement <br />between the Parties pertaining to the subject matter described in it and supersedes <br />any and all prior contemporaneous agreements, representations, and <br />Page 6 of 9 <br />