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Resolution 2023-13
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Resolution 2023-13
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Last modified
12/14/2023 8:18:30 AM
Creation date
4/3/2023 4:41:52 PM
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Template:
City Council Records
Also Known As (aka)
Golf Ball Tracking System Agreement Coal Creek Golf Course (Toptracer by Topgolf)
Meeting Date
3/7/2023
Doc Type
Resolution
Signed Date
3/7/2023
Ord/Res - Year
2023
Ord/Res - Number
13
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7 <br />14.6 All notices given by either party to the other <br />under this Agreement shall be made in <br />English and shall be sent by email, registered <br />mail or hand delivery to the contact named in <br />Part I (as may be updated in writing). Notices <br />to Toptracer shall be cc'd to <br />toptracerlega I @topsolf.com <br />14.7 Nothing in this Agreement is intended or shall <br />be deemed or construed as creating any <br />multiple -fiscal year direct or indirect debt or <br />financial obligation on the part of the <br />Customer within the meaning of Colorado <br />Constitution Article X, Section 20 or any other <br />constitutional or statutory provision. All <br />financial obligations of the Customer under <br />this Agreement are subject to annual <br />budgeting and appropriation by the Louisville <br />City Council, in its sole discretion. <br />Notwithstanding anything in this Agreement <br />to the contrary, in the event of non - <br />appropriation, this Agreement shall <br />terminate effective December 31 of the then - <br />current fiscal year. Customer understands <br />that the Toptracer system is sold based on a <br />5-year agreement. Toptracer provides the <br />product (including all Hardware) and <br />installation upfront at no cost to the <br />Customer, but at significant cost to <br />Toptracer. Over the course of the 5-year <br />term, Toptracer recoups this initial outlay and <br />makes its own margin. The Customer <br />understands that if this provision is invoked <br />prior to the expiration of the initial term, <br />Toptracer will incur damages. Customer <br />agrees not to invoke this provision as a <br />substitute for termination of this Agreement. <br />14.8 The parties understand and agree that the <br />Customer is relying on and does not waive or <br />intend to waive by any provision of this <br />Agreement, the monetary limitations or any <br />other rights, immunities, and protections <br />provided by the Colorado Governmental <br />Immunity Act, § 24-10-101 et seq., C.R.S., as <br />from time to time amended, or otherwise <br />available to the Customer, its officers, or its <br />employees. <br />
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