Resolution 2019-48 - Laserfiche WebLink

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under this paragraph. Participant shall have until the end of said thirty (30) day period in which to make all past due payments in full in order to cure its default hereunder. Participant shall in any event be responsible for its portion of all costs of the Work actually incurred by the SWSP Enterprise as of the date of termination of this Agreement. In the event that this Agreement is terminated because of Participant's failure to make the required payments, Participant's allocation of Additional Capacity in the Southern Water Supply Project pipeline shall be automatically reduced in accordance with paragraph 8.c. of the Allotment Contract. 6. The SWSP Enterprise agrees to diligently pursue the Work in good faith so long as adequate funding therefor is provided by Participant and other similar participants. The SWSP Enterprise anticipates completion of the Work in May 2021. 7. If this Agreement is terminated for any reason, Participant shall not be entitled to any return of any funds paid to the SWSP Enterprise for the Work, unless payments by Participant and other similar participants exceed the SWSP Enterprise's costs, in which case a pro rata refund will be made to each participant. In addition, in the event of termination of the Eastern Phase of the Pump Project, Participant shall be assigned an undivided interest (with other similar participants) in all of the SWSP Enterprise's right, title and interest in all of the Work, and all documentation related to the Work. The SWSP Enterprise shall have no further obligations to Participant upon termination of this Agreement. 8. This Agreement constitutes the entire agreement between the SWSP Enterprise and Participant regarding the Work and shall be modified by the parties hereto only by a duly executed and approved written instrument. 9. Any and all obligations of the SWSP Enterprise under this Agreement, whether financial or otherwise, shall be payable solely from the revenues, income, rents, and receipts earned by the SWSP Enterprise. Nothing herein shall be deemed to prevent the SWSP Enterprise from making any payments from any other legally available source. In no event shall the SWSP Enterprise be required to spend any money from taxes in violation of Section 20(4) of Article X of the Colorado Constitution in the performance of its obligations under this Agreement or which would,cause the SWSP Enterprise to lose its enterprise status as such status is defined in the Colorado Constitution. In addition, the SWSP Enterprise shall not be required to expend any funds or impair any assets of the Northern Colorado Water Conservancy District ("District") in the performance of its obligations under this Agreement. The obligations of the SWSP Enterprise under this Agreement do not constitute a debt or indebtedness of the District within the meaning of any constitutional, charter, or statutory provision or limitation, and shall not be considered or held to be a general obligation of the District. 10. Both the SWSP Enterprise and Participant shall have the right to terminate this Agreement at any time upon a failure to perform by the other party. The non -breaching party shall 3