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parties that any entity other than the undersigned parties receiving services or benefits under <br />this Agreement shall be considered to be an incidental beneficiary only. <br />15. ASSIGNMENT: This Agreement may not be assigned by the Property Owner without the <br />prior written consent of the City, which consent may be given or withheld at the City's sole <br />discretion. <br />16. INDEMNIFICATION: The Property Owner shall be liable and responsible for any and all <br />damages to persons or property caused by or arising out of the actions, obligations, or <br />omissions of the Property Owner, its officers, employees, contractors, agents, representatives <br />or other persons acting under the Property Owner's direction or control in performing or <br />failing to perform any obligation of Property Owner under this Agreement or in any matter <br />related to completion of the Work. To the fullest extent allowed by law, the Property Owner <br />will indemnify and hold harmless the City, its elected and appointed officials, and its <br />employees, agents and representatives (the "indemnified parties"), from any and all liability, <br />claims, demands, liens, claims on funds, actions, damages, losses, judgments, costs or <br />expenses, including but not limited to attorneys' fees, which may be made or brought or <br />which may result against any of the indemnified parties as a result or on account of the <br />actions or omissions of the Property Owner, its officers, employees, contractors, agents or <br />representatives, or other persons acting under the Contractor's direction or control in any <br />manner related to this Agreement or completion of the Work. <br />17. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES: Property Owner <br />acknowledges and agrees that all payment obligations under this Agreement are current <br />expenditures of the City, payable in the fiscal year for which funds are appropriated for the <br />payment thereof. The City's obligations under this Agreement shall be from year to year <br />only and shall not constitute a multiple -fiscal year direct or indirect debt or other financial <br />obligation of Town within the meaning of Article X, Section 20 of the Colorado <br />Constitution. <br />18. LEGAL CHALLENGE; ESCROW: The City shall have no obligation to make any grant <br />payment hereunder during the pendency of any legal challenge to this Agreement. Any <br />funds appropriated for payment under this Agreement shall be escrowed in a separate City <br />account in the event there is a legal challenge to this Agreement. <br />19. TERMINATION: This Agreement shall terminate and become void and of no force or effect <br />upon the City if Property Owner has not completed the Work in compliance herewith by <br />December 1, 2023. <br />IN WITNESS WHEREOF, the parties have caused this instrument to be duly executed <br />day of , 2021. <br />PROPERTY OWNER: <br />4 <br />