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Resolution 2018-20
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Resolution 2018-20
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Last modified
2/16/2023 10:20:23 AM
Creation date
4/18/2018 1:41:24 PM
Metadata
Fields
Template:
City Council Records
Also Known As (aka)
Southern Water Supply Project Eastern Phase 2018
Doc Type
Resolution
Signed Date
4/17/2018
Ord/Res - Year
2018
Ord/Res - Number
20
Original Hardcopy Storage
7D6
Record Series Name
Resolution
Supplemental fields
Test
RES 2018-20
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6. If this Agreement is terminated for any reason, Participant shall not be entitled to any retum <br />of any funds paid to the SWSP Enterprise for the Work, unless payments by Participant <br />and other similar participants exceed the SWSP Enterprise's costs, in which case a pro rata <br />refund will be made to each participant. In addition, in the event of the termination of the <br />Eastern Phase of the Pump Project, Participant shall be assigned an undivided interest (with <br />other similar participants) in all of the SWSP Enterprise's right, title and interest in all of <br />the Work, and all documentation related to the Work. The SWSP Enterprise shall have no <br />further obligations to Participant upon termination of this Agreement. <br />7. This Agreement constitutes the entire agreement between the SWSP Enterprise and <br />Participant regarding the Work and shall be modified by the Parties hereto only by a duly <br />executed and approved written instrument. <br />8. Any and all obligations of the SWSP Enterprise under this Agreement, whether financial <br />or otherwise, shall be payable solely from the revenues, income, rents, and receipts earned <br />by the SWSP Enterprise. Nothing herein shall be deemed to prevent the SWSP Enterprise <br />from making any payments from any other legally available source. In no event shall the <br />SWSP Enterprise be required to spend any money from taxes in violation of Section 20(4) <br />of Article X of the Colorado Constitution in the performance of its obligations under this <br />Agreement or which would cause the SWSP Enterprise to lose its enterprise status as such <br />status is defined in the Colorado Constitution. In addition, the SWSP Enterprise shall not <br />be required to expend any funds or impair any assets of Northern Colorado Water <br />Conservancy District ("District") in the performance of its obligations under this <br />Agreement. The obligations of the SWSP Enterprise under this Agreement do not <br />constitute a debt or indebtedness of the District within the meaning of any constitutional, <br />charter or statutory provision or limitation, and shall not be considered or held to be a <br />general obligation of the District. <br />9. Both the SWSP Enterprise and Participant shall have the right to terminate this Agreement <br />at any time upon a failure to perform by the other party. The non -breaching party shall <br />give the other party written notice of its intent to terminate this Agreement for failure to <br />perform and the other party shall have thirty (30) days after the date of said notice in which <br />to cure the breach. In the event of such termination, the breaching party shall not be <br />relieved of its obligations hereunder and the other party shall have the right to seek damages <br />or other relief as a result of the breach.. <br />The authorized representatives of the SWSP Enterprise and Participant have executed this <br />Agreement as of the day and year first set forth above. <br />3 <br />
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