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E. Future Action. Agencies agree that this Agreement does not bind any of the Agencies to <br />any future action towards adopting a regional minimum wage. <br />III. Miscellaneous Provisions <br />A. Nondiscrimination. Coordinating Agency shall ensure contract with vendor complies with <br />applicable nondiscrimination laws and regulations including but not limited to those laws and <br />regulations prohibiting discrimination against any person on the basis of race, color, religion, <br />gender identity, national origin, sexual orientation, marital status, or disability. <br />B. Governmental Immunity. Nothing in this Agreement shall constitute a waiver, in whole or <br />in part, of the governmental immunities, rights, or protections provided to the Agencies by the <br />Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., or any similar or successor <br />statutes of the State of Colorado. <br />C. Indemnification. No Agency indemnifies another Agency. The Agencies each assume <br />responsibility for the actions and omissions of its own agents and employees in the performance <br />or failure to perform work under this Agreement. <br />D. No Third Party Beneficiaries. None of the terms or conditions in this Agreement shall give <br />or allow any claim, benefit, or right of action by any third person not a party hereto. Any person <br />other than the Agencies receiving services or benefits under this Agreement shall be only an <br />incidental beneficiary. <br />E. Appropriations. The Agencies understand and acknowledge that the Agencies are subject <br />to Article X, § 20 of the Colorado Constitution ("TABOR"). The Agencies do not intend to violate <br />the terms and requirements of TABOR by the execution of this Agreement. It is understood and <br />agreed that this Agreement does not create a multi -fiscal year direct or indirect debt or obligation <br />within the meaning of TABOR, and, therefore, notwithstanding anything in this Agreement to the <br />contrary, any payment obligation of the Agencies is expressly dependent and condition upon <br />appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing <br />in this Agreement shall be deemed a pledge of credit or a payment guarantee by Agencies. If <br />appropriate funds are not available, Agencies shall be relieved of their obligations hereunder. <br />F. No Implied Representation. No representations, agreements, covenants, warranties, or <br />certifications, express or implied, shall exist as between the Agencies, except as specifically set <br />forth in this Agreement. <br />G. Counterparts. This Agreement may be executed by facsimile and in any number of <br />counterparts, each of which shall be deemed an original instrument, but all of which together shall <br />constitute but one and the same instrument. <br />In Witness Whereof, the Agencies have executed this Agreement to be effective as of the date <br />set forth above. <br />