City Council Agenda and Packet 2004 03 16

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.. []JL?J@~@U provided to the City and the County under the Colorado Governmental Immunity Act, Section 24-10-101, et seq, II. Termination. This Agreement shall be subject to termination by either party in the event of the failure of the other party to perform any of the terms herein set forth. In such event, written notice shall be give:n to the other and if the conditions of noncompliance specified in such notice is not corrected within 10 days of the date of such notice, this Agreement shall be terminated and of no further effect at the option of the party not in default of the terms herein contained. Notices shall be mailed to the designated parties as specified in paragraph 21. 12. Provisions Construed as to Fair Meaning. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. 13, Headings for Convenience. All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Agreement. 14. Compliance with Ordinances and Regulations. The County shall perform all obligations under this Agreement in strict compliance with all federal, state, and City laws, rules, statutes, charter provisions, ordinances, and regulations applicable to the performance of the County's services under this Agreement and specifically, shall comply with all applicable child labor laws and shall not discriminate against any person on the basis of sex, race, creed, national origin, disability, or otherwise as prohibited by law. 15, No Implied Representations, No representations, agreements, covenants, warranties, or certifications. express or implied, shall exist as between the parties, except as specifically set forth in this Agreement. 16. No Third Party Beneficiaries. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the City, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Agreement that any person receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 17. Financial Obligations of City. All financial obligations of the City under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in this Agreement shall be deemed a pledge of the City's credit, the creation of any multiple fiscal-year obligation or a payment guarantee by the City to the County. In the event appropriated funds are not available, both parties shall be relieved of their obligations hereunder.