Laserfiche WebLink
this Agreement and described in Exhibit A. <br />3. Binding Effect. Pursuant to C.R.S. § 38-44 -112, this Agreement shall be binding upon <br />and inure to the benefit of each of the Parties hereto and their respective successors and <br />assigns as the same relates to the common boundary line between the Keller Property and <br />the City Property, and the agreements contained herein shall be for all purposes <br />considered to be covenants running with the land as to each of the Properties adjoining <br />the common boundary line established by this Agreement and described in Exhibit A. <br />4. Miscellaneous. <br />a. Recording of Agreement. This Agreement shall be recorded in the Boulder <br />County, Colorado real property records immediately upon execution by the Parties <br />hereto. <br />b. Entire Agreement. This Agreement contains all of the terms and conditions of the <br />Parties' agreements and understandings with respect to the subject matter hereof <br />and supersedes all prior and contemporaneous agreements, representations and <br />understandings of the Parties. All other rights with respect to the Parties' real <br />property, or otherwise, not specifically addressed herein are hereby reserved. <br />c. Waivers and Modifications in Writing. This Agreement may only be modified, <br />amended, changed or terminated, in whole or in part, by a written instrument duly <br />authorized and executed by the Parties hereto, or their duly authorized heirs, <br />successors, or assigns. <br />d. Costs of Defense. If any legal action or arbitration or other proceeding is brought <br />for the enforcement of this Agreement, or because of any alleged dispute, breach, <br />default or misrepresentation in connection with any of the provisions of this <br />Agreement, each of the Parties shall bear its own attorneys' fees and other costs <br />incurred in that action or proceeding. <br />e. Headings. The headings and captions are inserted for reference only and the same <br />shall not limit or construe the paragraphs or sections to which they apply or <br />otherwise affect the interpretation hereof. <br />f. Severability. In the event that any portion of this Agreement should become or be <br />declared invalid by a court of competent jurisdiction, the remainder of this <br />Agreement shall remain in full force and effect. <br />g. <br />Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Colorado. <br />3 <br />