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6.5 Limitation of Damages. In the event a lawsuit is filed challenging the validity of <br /> the Jurisdiction's election, the Jurisdiction shall provide prompt notice to the County Clerk of <br /> such a lawsuit. If the Clerk chooses to intervene and defend its position, the Jurisdiction will <br /> support such intervention and cooperate in the defense of any such claims. If, as a result of a <br /> lawsuit against the Jurisdiction or against the Jurisdiction and other defendants by a third party, a <br /> court of competent jurisdiction finds that the Jurisdiction's election was void or otherwise fatally <br /> flawed due solely to a cause arising from the negligence of the County Clerk, then the Clerk shall <br /> refund or pay all amounts paid by the Jurisdiction to the Clerk, vendors or contractors designated <br /> by the Clerk, together with Jurisdiction's reasonable costs, including court costs and attorney <br /> fees. <br /> 6.6 Conflicts of this IGA with the Law, Impairment. In the event that any provision <br /> in this IGA conflicts with the Code, the Rules, state law or federal law, this IGA shall be <br /> modified to conform to such law or resolution. <br /> 6.7 Time of Essence. Time is of the essence in the performance of the work under <br /> this IGA. The statutory time requirements of the Code shall apply to completion of the tasks <br /> required by this IGA, unless earlier deadlines are required by this IGA. <br /> 6.8 Good Faith. The Parties shall implement this IGA in good faith, including acting <br /> in good faith in all matters that require joint or coordinated action. <br /> 6.9 Third Party Beneficiary. The enforcement of the terms and conditions of this <br /> IGA and all rights of action relating to such enforcement shall be strictly reserved to the County <br /> Clerk and the Jurisdiction, and nothing contained in this IGA shall give or allow any claim or <br /> right of action whatsoever by any other or third person. It is the express intent of the parties to <br /> this IGA that any person receiving services or benefits under this IGA shall be deemed an <br /> incidental beneficiary only. <br /> IN WITNESS WHEREOF, the parties hereto have signed this IGA. <br /> Boulder County City of Louisville <br /> is / <br /> Sri.' � � ) if it ffL: did ;//n.ft> . .7,,Hillary Hall Date Malcolm Fleming / Date <br /> Boulder Count Clerk and Recorder Louisville City Manager <br /> r <br /> far- haft Ja ,k) <br /> Molly Tayer Date Nancy Varr Date <br /> Election Contact Officer Elections Of icer <br /> Page 8 of 8 <br />