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oulder Countu C,erk CO 3 <br />II III 1111 III I <br />i <br />1693164 <br />Page, 4 of 13 <br />O4/24/1997O8:47A <br />Z i6,89 D 0,00 <br />grantees or assigns to comply with the terms and <br />conditions of this Agreement, if such failure to pay or <br />comply is not cured within (30) day of the written notice <br />provided hereunder. However, the City shall exercise its <br />rights of interruption and/or termination under this <br />Paragraph 5.a only against the owners) and Parcel(s) <br />that have failed to pay or comply; <br />b. Columbine's procurement of an alternative water supply; <br />c. A determination that the Public Utilities Commission, <br />Board of Boulder County Commissioners or other entity of <br />competent jurisdiction may set the rates for water <br />supplied pursuant to this Agreement. <br />d. A determination that the City is a public utility as a <br />result of the provision in incidental extraterritorial <br />water service. <br />e. The filing by any person of any administrative, judicial <br />or other action to set aside this Agreement. <br />The obligation to pay any accrued rates, tolls, charges, fees, or <br />any other liabilities incurred hereunder shall survive termination <br />of this Agreement. All remedies hereunder shall be cumulative. <br />11. j ndina Effect. This Agreement shall extend to, be <br />binding upon, and inure to the benefit of the parties hereto and <br />the successors, grantees and assigns of the respective parties <br />hereto. By accepting a deed to any or all of the Property <br />described in Exhibit A, any grantee, heir or successor of Columbine <br />agrees to be bound by the terms of this Agreement, and this <br />Agreement shall be a restrictive covenant which touches and <br />concerns the Property described in Exhibit A. <br />12. Assent to Form. By executing this Agreement, Columbine <br />waives all rights it may have concerning any defects in the form or <br />substance of this Agreement; the formalities by which it is <br />executed; the power of the City to impose conditions on Columbine <br />as set forth herein; and the procedures, substance, and forms of <br />the ordinances or resolutions adopting this Agreement. <br />13. Amendment. This Agreement may not be amended except by <br />subsequent written agreement of the parties. <br />14. Notice. All notices, demands, requests, consents, <br />approvals, offers, statements, and other instruments or <br />communications required or permitted to be given hereunder shall be <br />in writing and shall be deemed to be effective upon hand delivery, <br />upon facsimile receipt, or seventy-two (72) hours after mailing by <br />registered or certified mail, return receipt requested, postage <br />prepaid, addressed as follows: <br />4 <br />