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JUL -05 -2006 WED 09 :11 AM CITY OF LAFAYETTE <br />8. EXECIJTION IN COUNTERPARTS. This Agreement may be executed in <br />several counterparts, each of which shall he deemed on originaI and all of which shall constitute <br />but one and the sank instrument. <br />FAX NO. 3036652153 <br />7.. GOVERNING LAW. This Agreement shall be governed by the laws of the State <br />of Colorado. <br />9. NO THIRD PARTY BENEFICIARIES. This Agreement is intended to describe <br />the rights and responsibilities only as to thc Parties hereto. This Agreement is not intended and <br />shall not be deemed to confer any rights on any person or entity not named as a party hereto. <br />Cimarron Drive IC,A <br />13. MINOR CHANGES. This Agreement has been approved in substantially the <br />form submitted to the governing bodies of the Panics. The officers executing this Agreement <br />have been authorized to make and may have made minor changes in thc Agreement and attached <br />exhibits, if any, as they have considered necessary. So long as such changes were consistent <br />with the intent and understanding of the Parties at the time of approval by the governing bodies, <br />the execution of this Agreement shall constitute the approval of such changes by the respective <br />Parties. <br />14. GOOD FAITH OF PARTIES. In the performance of this Agreement or in <br />considering any requested approval, acceptance, or extension of time, the Parties agree that each <br />will act in good faith and will not act unreasonably, arbitrarily, capriciously, or unreasonably <br />withhold, condition, or delay any approval, acceptance, or extension of time required or <br />requested pursuant to this Agreement. <br />15, RESPONSIBILITY FOR LEGAL PROCEEDINGS. Lafayette shall be <br />responsible liar defending itself, its officers, and employees in any civil action brought against <br />Lafayette, its officers, and employees by any person claiming injury and damages as a result of <br />the performance of this Agreement.. Likewise, Louisville shall be responsible for defending <br />itself, its officers, and employees in any civil action. brought against Louisville, its officers, and <br />Page 4 of 8 <br />P. 05 <br />10. EXECUTION RE)UIRED. This Agreement shall not be binding upon any Party <br />hereto unless and until all of the Parties have executed this Agreement. <br />11. TERM. Subject to termination for failure to appropriate as provided below, this <br />Agreement shall become effective upon its execution byl'ihe Parties; shall continue for an initial <br />term through calendar year 2015; and shall be automatically renewed on a calendar year -to- <br />calendar year basis thereafter unless terminated by either party in writing served upon the other <br />party no later than ninety (90) days prior to the expected date of termination. <br />12. APPROPRIATIONS. All financial obligations of both parties for years beyond <br />2006 shall be subject to appropriations by the respective governing bodies. In the event that <br />either party fails to appropriate funds to carry out its financial obligations for any year <br />subsequent to 2006, this Agreement shall terminate on December 31 of the last year for which <br />appropriations were made. <br />