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18. No Third -Party Beneficiaries: The enforcement of the terms and conditions of this <br />Agreement and all rights of action relating to such enforcement are strictly reserved to the <br />County and the City, and nothing contained in this Agreement will give or allow any claim or right <br />of action whatsoever by any other or third person. It is the express intent of the Parties to this <br />Agreement that any person receiving services or benefits under this Agreement will be deemed <br />an incidental beneficiary only. <br />19. Financial Obligations of City: All financial obligations of the City under this <br />Agreement are contingent upon appropriation, budgeting, and availability of specific funds to <br />discharge such obligations. Nothing in this Agreement will be deemed a pledge of the City's <br />credit, the creation of any multiple, fiscal -year obligation, or a payment guarantee by the City to <br />the County. In the event appropriated funds are not available, both Parties shall be relieved of <br />their obligations hereunder. <br />20. Notices: For purposes of the notices required to be provided under this <br />Agreement, all such notices must be in writing, and must be either sent by Certified U.S. Mail - <br />Return Receipt Requested, Electronic Mail (Email) or hand -delivered to the following <br />representatives of the Parties at the following addresses: <br />For the County: <br />For the City: <br />Parks and Open Space Department <br />Attention: Luiz Blanco-Bertolo <br />5201 St. Vrain Road <br />Longmont, CO 80503 <br />Iblanco-bertolo@bouldercountv.gov <br />City of Louisville <br />Parks and Recreation Department <br />Attention: Jacob Marinkovich <br />749 Main Street <br />Louisville, CO 80027 <br />imarinkovichPlouisvilleco.gov <br />21. Waiver: No waiver of any breach or default under this Agreement will be a waiver <br />of any other or subsequent breach or default. <br />22. Severability: Invalidation of any specific provisions of this Agreement will not <br />affect the validity of any other provision of this Agreement. <br />23. Governing Law and Venue: This Agreement will be governed and construed in <br />accordance with the laws of the State of Colorado, and venue for any legal action arising out of <br />this Agreement will be in Boulder County, Colorado. <br />4 <br />