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responsible for applying for and obtaining a stormwater permit if one is required, and upon
<br />completion of the Underpass Project, or, if earlier, termination of this Agreement, Licensee will
<br />finally stabilize the Temporary License Area in accordance with any such stormwater permit and
<br />the associated stormwater management plan, including reseeding and hydro -mulching to the extent
<br />appropriate
<br />c. Upon completion of the Underpass Project, or, if earlier, termination of this
<br />Agreement, Licensee agrees to remove any remaining construction vehicles, temporary
<br />construction trailers, other structures, and all equipment, supplies and materials from the
<br />Temporary License Area, and will at its sole expense restore the Temporary License Area to its
<br />original condition and to a state that is in compliance with all applicable City, County, State and
<br />Federal requirements and regulations.
<br />d. The Parties agree that neither has made or authorized any agreement with respect to
<br />the subject matter of this instrument other than expressly set forth herein, and no oral representation,
<br />promise, or consideration different from the terms herein contained shall be binding on either party,
<br />or its agents or employees, hereto
<br />e. The Licensee shall not permit any claim, lien, or other encumbrance arising from
<br />Licensee's or its agents' use of the Temporary License Area to accrue against or attach to the Property
<br />f This License grant is without warranty of title and is subject to all prior liens,
<br />encumbrances, easements, restrictions, reservations, and rights of way affecting Licensor's
<br />property
<br />6. No Indemnification. Licensor and Licensee each assume responsibility for the actions and
<br />omissions of their own agents, officers and employees in the performance or failure to perform
<br />under this Agreement. By signing this Agreement, neither party waives or intends to waive the
<br />limitations on liability set forth in the Colorado Governmental Immunity Act, CR.S §§ 24-10-101,
<br />et seq
<br />7 Insurance The Licensee is a "public entity" within the meaning of the Colorado
<br />Governmental Immunity Act, C.R.S §§ 24-10-101, et seq., as amended, and shall at all times
<br />during the terms of this Agreement maintain such liability insurance, by commercial policy or self-
<br />insurance, as is necessary to meet its liabilities under the Act. The Licensee further agrees, without
<br />waiving any governmental immunity protections to which it and its officials or employees are
<br />entitled under C.R.S 24-10-101, et seq., as amended, to obtain adequate insurance to cover the
<br />liability and other risks to which it may be exposed as a result of the services to be provided
<br />pursuant to this Agreement, if it does not already have such insurance, and to maintain such
<br />insurance throughout the term of this Agreement, and to provide satisfactory proof of such
<br />insurance to Licensor upon request. This insurance shall have minimum limits, which shall match
<br />or exceed the maximum governmental liability limits set forth in C.R.S §24-10-114, as amended.
<br />8 Governing Law The laws of the State of Colorado shall govern the interpretation and
<br />enforcement of this Contract. Any litigation that may arise between the Parties involving the
<br />interpretation or enforcement of the terms of this Contract shall be initiated and pursued by the
<br />Parties in the Courts of the 20th Judicial District of the State of Colorado and the applicable
<br />Colorado Appellate Courts, and in no other court.
<br />9 No Waiver No failure by either party to act or to enforce the terms of this Agreement shall
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