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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 /> HORIZON AG-PRODUCTS, L.P. CITY OF LOUISVILLE <br /> By: . �'J�/ - By: <br /> Rob- , le <br /> Name: /1'1l C/k MR/0 4� LO W& <br /> Title: ��S1cl U f• •y•�l� <br /> I �v�vp�� s 1 <br /> i SE * <br /> ATTEST: 'ti T w ST: fJ <br /> tt1. '' ...1,. ••�O��' <br /> tielZ-4k _ .IA, / <br /> Nancy Varra, ity Clerk <br /> Name <br />