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this Agreement payable after the current fiscal year are contingent upon funds <br />for this Agreement being appropriated, budgeted and otherwise made available <br />by either Party. <br />d. Entire Agreement. This Agreement constitutes the entire agreement between <br />the Parties hereto concerning the subject matter hereof, and supersedes all prior <br />agreements, oral or written. <br />e. No Third -Party Beneficiaries. It is expressly understood and agreed that the <br />enforcement of the terms and conditions of this Agreement and all rights of <br />action relating to such enforcement, shall be strictly reserved to the Parties. <br />Nothing contained in this Agreement shall give or allow any claim or right of <br />action whatsoever by any other third person, including the public. It is the <br />express intention of the Parties that any such party or entity, other than the <br />Parties, receiving services or benefits under this Agreement shall be deemed an <br />incidental beneficiary only. <br />f. Liability. Each Party agrees to be responsible for its own actions related to the <br />uses permitted herein in accordance with and to the extent permitted under the <br />Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq. ("Act"), <br />and shall be responsible for any third -party losses and claims related to each <br />Party's actions or inactions related to the uses and rights granted herein in <br />accordance with the Act. <br />g. <br />Contractor Indemnity Prior to any entry on the Boulder Property, Louisville <br />shall require each contractor conducting activities on the Boulder Property <br />pursuant to this Agreement to agree to indemnify and hold the City of Boulder, <br />its directors, officers, employees, elected and appointed officials and agents and <br />the heirs, executors, successors, and permitted assigns of any of the foregoing <br />harmless from any liability as a result of any activities covered by said <br />contractor under this Agreement. <br />h. Governmental Immunity. Notwithstanding any other provision of this <br />Agreement to the contrary, no term or condition of this Agreement shall be <br />construed or interpreted as a waiver, express or implied, of any of the <br />immunities, rights, benefits, or other protections provided to Boulder under the <br />provisions of the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 <br />et seq., as amended ("Act"). The Parties understand and agree that liability for <br />claims for injuries to persons or property arising out of the negligence of <br />Boulder and its officers, agents or employees are controlled and limited by the <br />provisions of the Act. <br />i. Governing Law. As and where applicable, the law of the State of Colorado <br />shall govern the interpretation and administration of this Agreement. <br />Page 4 of 6 <br />