Laserfiche WebLink
<br />11. Governing Law: Venue. This Agreement shall be governed and construed in <br />accordance with the laws of the State of Colorado. This Agreement shall be subject to, <br />and construed in strict accordance with, the Louisville City Charter and the Louisville <br />Municipal Code. In the event of a dispute concerning any provision of this Agreement, <br />the parties agree that prior to commencing any litigation, they shall first engage in a good <br />faith the services of a mutually acceptable, qualified, and experience mediator, or panel <br />of mediators for the purpose of resolving such dispute. In the event such dispute is not <br />fully resolved by mediation or otherwise within 60 days a request for mediation by either <br />party, then either party may commence legal proceedings regarding the dispute. The <br />venue for any lawsuit concerning this agreement shall be in the District Court for Boulder <br />County, Colorado. <br /> <br />12. Legal Challenge~ Escrow. The City shall have no obligation to make any <br />rebate payment hereunder during the pendency of any legal challenge to this Agreement. <br />The parties covenant that neither will initiate any legal challenge to the validity or <br />enforceability of this Agreement, and the parties will cooperate in defending the validity <br />or enforceability of this Agreement against any challenge by any third party. Any funds <br />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 /> <br />13. Assignment. This Agreement is personal to Fresca Foods lnc may not assign <br />any of the obligations, benefits or provisions of the Agreement in whole or in any part <br />without the expressed written authorization of the City Council of the City. Any <br />purported assignment, transfer, pledge, or encumbrance made without such prior written <br />authorization shall be void. <br /> <br />14. No Joint Venture. Nothing is this Agreement is intended or shall be <br />construed to create a joint venture between the City and Fresca Foods Inc and the City <br />shall never be liable or responsible for any debt or obligation of Fresca Foods lne <br /> <br />15. No Third-Party Beneficiaries. There are no intended third-party beneficiaries <br />to this Agreement. <br /> <br /> <br /> <br />By: <br />Charles L. <br />Mayor <br /> <br />ATTEST: <br /> <br /> <br />Marco s~ <br /> <br />Secretary <br /> <br />