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DocuSign Envelope ID: 4FDA64E9-3965-4B3C-94D5-6B25463CD019 <br />DocuSign Envelope ID: 0040F8BC-4F2A-4A3E-8DE6-lDF8BD7B616B <br />D. NO JOINT VENTURE OR PARTNERSHIP. <br />Nothing contained in this Agreement is intended to create a partnership or joint venture <br />between the City and the County with respect to construction of the Improvements, and <br />any implication to the contrary is hereby expressly disavowed. It is understood and <br />agreed that this Agreement does not provide for the joint exercise by the parties of any <br />activity, function or service, nor does it create a joint enterprise, nor does it authorize any <br />party hereto to act as an agent of the other party hereto for any purpose whatsoever. <br />E. NO THIRD -PARTY BENEFICIARIES. <br />Nothing under this Agreement shall be construed to give any rights or benefits in this <br />Agreement to anyone other than the City and the County and all duties and <br />responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the <br />City and the County and not for the benefit of any other party. <br />F. ENFORCEMENT. <br />Any one or more of the Parties may enforce this Agreement by any legal or equitable <br />means including specific performance, declaratory and injunctive relief. No other person <br />or entity shall have any right to enforce the provisions of this Agreement. <br />G. GOVERNING LAW AND VENUE. <br />This Agreement shall be deemed entered into in Boulder County, Colorado, and shall be <br />governed by and interpreted under the laws of the State of Colorado. Any action arising <br />out of, in connection with, or relating to this Agreement shall be filed in the District <br />Court of Boulder County of the State of Colorado, and in no other court. <br />H. PARTY REPRESENTATIVES, NOTICE. <br />Referrals made under the terms of this Agreement shall be sent to the Parties' <br />representatives listed below. Any required notices or referrals shall be in writing and shall <br />be hand delivered or sent United States mail, postage prepaid, to the addresses of the <br />parties herein set forth, or by email to the addresses set forth below.. All notices by hand <br />delivery shall be effective upon receipt. All notices by mail shall be considered effective <br />seventy-two (72) hours after deposit in the United States mail with the proper address as <br />set forth below. <br />ENTITY: <br />County of Boulder <br />REPRESENTATIVE: <br />George Gerstle <br />Director, Transportation Department <br />P.O. Box 471 <br />Boulder, CO 80306 <br />Email: ggerstle@boulderr_0Unty.org <br />3 <br />