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2012027�� <br />unenforceability shaii not affect any other provision, and this Agreement shall be construed <br />as if such invalid, illegal or unenforceable provision had never been contained in this <br />Agreement. <br />k. Time is of the essence in the execution and performance of this Agreement and each of its <br />provisions. <br />I. This Agreement shall be interpreted, construed and governed by the laws of the state set <br />forth in the Promissory Note, if any, and if not so set forth, of the state set forth in the Deed of <br />TrusUMortgage. Any litigation arising from or relafing to this Agreement shail be filed and <br />prosecuted in a state or federal court located in the City of Boulder, County of Arapahoe, <br />State of Colorado. <br />m. In the event of any litigation or other action to construe, interpret or enforce this Agreement, <br />the prevailing party shall be entitled to recover reasonable attomeys' and expert witness fees <br />and costs. <br />n. All notices to be given under this Agreement shall be in writing and e'ither. <br />Sent by priority ovemight delivery by means of a nationally recognized ovemight <br />courier which provides for online (Intemet) tracking of packages, in which case notice <br />shall be deemed delivered one (1) business day after deposit with such courier, or <br />ii. By telecopy or similar means, if a copy of the notice is also sent by priority ovemight <br />delivery by means of a nationally recognized overnight courier which provides for <br />online (Intemet) tracking of packages, in which case notice shall be deemed <br />delivered on transmittal by telecopier or other similar means, provided that a <br />transmission report is generated reflecting the accurate transmission of the notice <br />and the copy is also delivered. <br />Notice shall be given to the following persons on behalf of the parties and shall be deemed <br />complete only if given to all the designated individuals: <br />Bank: U. S. Bank National Association <br />SBA Division <br />Attn: SAG Manager <br />9918 Hibert Street, 2nd Floor <br />San Diego, CA 92131 <br />Tel: 858-536-4545 <br />Fax: 858-877-4568 <br />Owner. KTDoubleMD, LLC <br />5303 Spine Rd., Ste. 101 <br />Boulder, CO 80301 <br />Tenant: The Cigarette Store Corp. <br />5303 Spine Rd., Ste 101 <br />Boulder, CO 80301 <br />��� <br />��� <br />