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the parties agree that prior to commencing any litigation, they shall first engage in a good <br /> faith the services of a mutually acceptable, qualified, and experience mediator, or panel <br /> of mediators for the purpose of resolving such dispute. In the event such dispute is not <br /> fully resolved by mediation or otherwise within 60 days a request for mediation by either <br /> party, then either party may commence legal proceedings regarding the dispute. The <br /> venue for any lawsuit concerning this agreement shall be in the District Court for Boulder <br /> County, Colorado. <br /> 12. Legal Challenge; Escrow. The City shall have no obligation to make any <br /> rebate payment hereunder during the pendency of any legal challenge to this Agreement. <br /> The parties covenant that neither will initiate any legal challenge to the validity or <br /> enforceability of this Agreement, and the parties will cooperate in defending the validity <br /> or enforceability of this Agreement against any challenge by any third party. Any funds <br /> appropriated for payment under this Agreement shall be escrowed in a separate City <br /> account in the event there is a legal challenge to this Agreement. <br /> 13. Assignment. This Agreement is personal to Company may not assign any of <br /> the obligations, benefits or provisions of the Agreement in whole or in any part without <br /> the expressed written authorization of the City Council of the City. Any purported <br /> assignment, transfer, pledge, or encumbrance made without such prior written <br /> authorization shall be void. <br /> 14. No Joint Venture. Nothing is this Agreement is intended or shall be <br /> construed to create a joint venture between the City and Company and the City shall <br /> never be liable or responsible for any debt or obligation of Company. <br /> 15. No Third-Party Beneficiaries. There are no intended third-party beneficiaries <br /> to this Agreement. <br /> SIERRA NEVADA _ 4' ORATION CITY OF LOUISVILLE <br /> By _. I <br /> BY: t4. ' /I . . <br /> Name: fl iy,- /7�r:'nn k 4 oaoo eo!F <br /> Title: Lo7R 4a.y ///i«. re l SEAL <br /> ATTEST: / / T ST: <br /> • ' <br /> '!: l1r <br /> ancy ., City Clerk <br /> BrwAA<„ Mt;n <br /> Name <br />