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Resolution 1992-06
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Resolution 1992-06
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Last modified
2/14/2023 9:26:07 AM
Creation date
3/16/2006 3:40:38 PM
Metadata
Fields
Template:
City Council Records
Also Known As (aka)
Superior Water and Sewer Agreements 1992
Doc Type
Resolution
Signed Date
1/21/1992
Ord/Res - Year
1992
Ord/Res - Number
06
Cross-Reference
Superior Water Agreement 1992
Superior Sewer Agreement 1992
Original Hardcopy Storage
7E5
Supplemental fields
Test
RES 1992-06
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<br />21. The parties agree that each is relying on, and each does <br />not waive or intend to waive by any provision of this Agreement, <br />the monetary limitations or any other rights, immunities, and <br />protections provided by the Colorado Governmental Immunity Act, 24- <br />10-101 et ~, 10 C. R. S., as from time to time amended, or <br />otherwise available to the parties, their officers, or their <br />employees. <br /> <br />22. Failure of either party hereto to exercise any right <br />hereunder shall not be deemed a waiver of such party's right and <br />shall not affect the right of such party to exercise at some future <br />time said right or rights or any other right it may have hereunder. <br /> <br />23. None of either party's remedies provided for under this <br />Agreement need be exhausted or exercised as a prerequisite to <br />resort to further relief to which it may be entitled. <br /> <br />24. Upon the abandonment of any portion of the facilities of <br />Louisville or Superior, the municipality abandoning such facilities <br />shall retain all rights guaranteed by law and shall remain liable <br />under any applicable law. <br /> <br />25. This Agreement is effective upon its execution by both <br />parties and it shall be binding upon the successors and assigns of <br />the parties hereto. <br /> <br />26. No assignment of rights or delegation of duties under <br />this Agreement by either party shall be binding upon the other <br />party unless said other party shall have assented to such <br />assignment or delegation with the same formality as employed in the <br />execution of this Agreement. <br /> <br />27. In the event any provision of this Agreement is held to <br />be of no effect by a court of competent jurisdiction, such finding, <br />order, or judgment shall not affect any other of the covenants of <br />this Agreement. <br /> <br />28. The parties to this Agreement acknowledge that this <br />Agreement constitutes the sole agreement between them and that <br />neither party is relying upon any oral representation made by a <br />party or an agent or officer of a party. <br /> <br />29. This Agreement shall not be construed to be in violation <br />of the laws of the united States or the State of Colorado, and the <br />provisions of this Agreement shall not be construed in any manner <br />which will adversely affect or diminish the bonding capacity of <br />either Louisville or superior with reference to either sewer <br />improvement revenue bonds or general obligation sewer bonds. <br /> <br />30. All bonds, notes, or other obligations of Louisville or <br />Superior either referred to in this Agreement or to be issued by <br />either Louisville or Superior, shall for all purposes of this <br /> <br />10 <br />
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