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111 <br />Bou dar Coun y Clerk, CO RG <br />2524695 <br />Paya: 0 of 24 <br />1t/07/2003 OB 1 &R <br />R 0.04 D 0.CO <br />and Plan until and unless the Plan has been amended so that the proposed annexation is consistent <br />with the Plan. Amendments to Underlying Plans shall be distributed to all parties hereto by Boulder <br />County, and updates to the limits of Rural Preservation Areas as amended in Underlying Plans will <br />be distributed to the Parties by Boulder County through updated maps, which will supplant the <br />attached Exhibit A to the extent of those changes. <br />9. SEVERABILITY. If any portion of this Plan is held by a court in a final, non - <br />appealable decision to be per se invalid or unenforceable as to any Party. the entire Agreement and <br />the Plan shall be terminated, it being the understanding and intent of the Parties that every portion of <br />the Agreement and Plan is essential to and not severable from the remainder. <br />10. BENEFICIARIES. The Parties, in their corporate and representative governmental <br />capacities, are the only entities intended to be the beneficiaries of the Agreement and the Plan, and <br />no other person or entity is so intended or may bring any action, including a derivative action, to <br />enforce the Agreement or the Plan. <br />11. ENFORCEMENT. Any one or more of the Parties may enforce this Agreement by <br />any legal or equitable means including specific performance, declaratory and injunctive relief. No <br />other person or entity shall have any right to enforce the provisions of this Agreement or the Plan. <br />12. DEFENSE OF CLAIMS /INDEMNIFICATION If any person allegedly aggrieved <br />by any provision of the Plan and who is not a Party to the Plan should sue any Party concerning such <br />Plan provision, all Parties shall be notified promptly by any Party served; any Party served shall, and <br />any other Party may, defend such claim , Defense costs shall be paid by the Party providing such <br />defense. <br />Notwithstanding the foregoing, if the claim concerns the designation of property as "Rural <br />Preservation Area" or "Unincorporated Rural Lands ", Boulder County shall provide a defense in <br />such action. If the claim concerns the designation of property as "Influence Area," the Designated <br />Municipal Party shall provide such defense. <br />In the event that any person not a Party to the Plan should obtain a final money judgment <br />against any Party who is not the regulating Party for the diminution in value of any regulated parcel <br />resulting from regulations in the Plan, or regulations adopted by the regulating Party implementing <br />the Plan, the regulating Party shall, to the extent permitted by law, indemnify such Party for the <br />amount of said judgment. <br />13. GOVERNING LAW AND VENUE. This Agreement shall be governed by <br />the laws of the State of Colorado, and venue shall lie in the County of Boulder. <br />14. TERM AND EFFECTIVE DATE OF THIS PLAN AND APPLICABILITY OF <br />PROVISIONS TO EXPIRED UNDERLYING PLANS. This Agreement shall become effective <br />when signed by an authorized representative of the governing bodies of Boulder County and the <br />Municipal Parties set forth above; except that, in the event that, as of September 4, 2003, all of the <br />Parties have not authorized signature, each of the Parties which have at that date authorized signature <br />8 <br />10 <br />