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oulder ;ounty ,-er;t D
<br />If to Columbine:
<br />If to the City:
<br />with a copy to:
<br />1693164
<br />Page: 5 of 13
<br />04/24/199708:47A
<br />)6A0 D0.00
<br />Columbine Land Resources, Inc.
<br />c/o Doug Tiefel
<br />P.O. Box 17130
<br />Boulder, Colorado, 80308-0130
<br />fax: 303-604-0034
<br />City Administrator
<br />City of Louisville
<br />749 Main Street
<br />Louisville, CO 80027
<br />fax: 303-673-9043
<br />Griffiths & Tanoue, P.C.
<br />1860 Blake Street, Suite 550
<br />Denver, CO 80202
<br />fax: 303-298-1627
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<br />15. Indemnity and Release. Columbine, for itself and its
<br />successors, grantees and assigns, hereby agrees to release,
<br />discharge, defend, indemnify, protect, and hold the City, its
<br />employees, agents, and officers free and harmless from any and all
<br />claims, demands, actions, liabilities, damages, losses, costs, and
<br />expenses, caused or occasioned by intentional or negligent acts,
<br />representations, or omissions of Columbine or its agents,
<br />contractors, or employees (1) arising out of the failure to perform
<br />the terms, conditions, and obligations described in and arising
<br />from this Agreement; or (2) otherwise arising out of or being
<br />connected with performance or nonperformance under this Agreement,
<br />including without limitation claims of property damage, injury,
<br />illness, death or lost profits. This indemnification shall
<br />include, but not be limited to, attorneys' fees, paralegal fees,
<br />expert witness costs, court costs, and settlement amounts paid in
<br />payment of claims and satisfaction of judgments. In executing this
<br />Agreement, the City in no way waives or intends to waive the
<br />limitations on liability which are provided to Grantor and their
<br />employees under the Colorado Governmental Immunity Act, C.R.S
<br />.§§24-10-101 et. seq.
<br />16. Payment of Fees. Columbine shall pay all fees and costs
<br />incurred by the City for the drafting and implementation of this
<br />Agreement. Such fees shall include but not be limited to legal
<br />fees, engineering fees for plan review, and inspection fees to
<br />inspect facilities constructed pursuant to this Agreement. Payment
<br />shall be made within 30 days of receipt of billing. Failure to pay
<br />shall allow the City to file an action to collect such sums. If
<br />not paid within 30 days of receipt of billing, interest shall be
<br />assessed at the rate of 18 percent per annum, along with all costs
<br />and expenses incurred as a result of such collection, including
<br />attorneys' fees, court costs, and expenses.
<br />17. Venue. The venue for any dispute under this Agreement
<br />shall be the District Court in and for the County of Boulder, State
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