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Resolution 2016-49
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Resolution 2016-49
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Last modified
3/12/2021 4:16:19 PM
Creation date
10/20/2016 8:16:56 AM
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Template:
City Council Records
Doc Type
Resolution
Ord/Res - Year
2016
Ord/Res - Number
49
Original Hardcopy Storage
7D6
Supplemental fields
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RES 2016-49
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18. ASSIGNABILITY <br />No party to this Agreement shall assign or transfer any of its rights or obligations hereunder <br />without the prior written consent of the nonassigning party or parties to this Agreement. <br />19. BINDING EFFECT <br />The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and <br />to their respective successors and permitted assigns. <br />20. ENFORCEABILITY <br />PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, <br />by decree of specific performance or damages, or such other legal or equitable relief as may be <br />available subject to the provisions of the laws of the State of Colorado. <br />21. TERMINATION OF AGREEMENT <br />This Agreement may be terminated upon thirty (30) days' written notice by any party to this <br />Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, <br />outstanding contracts, this Agreement may only be terminated upon the cancellation of all <br />contingent, outstanding contracts. All costs associated with the cancellation of the contingent <br />contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. <br />22. PUBLIC RELATIONS <br />It shall be at CITY's sole discretion to initiate and to carry out any public relations program to <br />inform the residents in PROJECT arca as to the purpose of PROJECT and what impact it may have <br />on them. Technical information shall be presented to the public by the selected engineer. In any <br />event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY <br />as needed and appropriate. <br />23. NO DISCRIMINATION IN EMPLOYMENT <br />In connection with the performance of work under this Agreement, PARTIES agree not to refuse to <br />hire, discharge, promote or demote, or to discriminate in matters of compensation against any <br />person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, <br />age, military status, sexual orientation, marital status, or physical or mental disability and further <br />agree to insert the foregoing provision in all subcontracts hereunder. <br />24. APPROPRIATIONS <br />Notwithstanding any other term, condition, or provision herein, each and every obligation of CITY <br />and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of <br />funds therefore by the appropriate governing body of CITY and/or DISTRICT. <br />25. NO THIRD PARTY BENEFICIARIES <br />It is expressly understood and agreed that enforcement of the terms and conditions of this <br />Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to <br />PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of <br />action by any other or third person on such Agreement. It is the express intention of PARTIES that <br />'.dcmlagrmnt' 16' 1608111 8 <br />
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