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The City's obligation to pay any sum of money under this Agreement is subject to <br />the annual appropriation of sufficient funds therefor by the Council. The terms of this <br />Agreement, or the obligations of the City to pay any sums described hereunder, shall not <br />constitute a debt, multiple fiscal year direct or indirect debt or other financial obligation or <br />indebtedness of the City within the meaning of any provision or limitation of the <br />Constitution or statutes of the State, or any home rule charter of any political subdivision <br />thereof, including the City, and shall never constitute nor give rise to a pecuniary liability <br />of the City or a charge against its general credit or taxing powers. <br /> <br />5. MISCELLANEOUS PROVISIONS <br /> <br />(a) <br /> <br />Damage or Destruction: In the event of damage to or destruction of the Facility, <br />the Humane Society shall promptly cause the Facility to be repaired or <br />reconstructed, using the proceeds of the insurance policy (or policies) obtained <br />and maintained in compliance with paragraph (b) below. The replacement <br />Facility will be at least equal in capacity and condition to the original Facility. <br /> <br />Co) <br /> <br />Insurance: The Humane Society shall obtain and maintain sufficient casualty <br />insurance to promptly repair or replace the Facility in the event of its damage or <br />destruction. A certificate (or certificates) evidencing such insurance coverage <br />shall be filed by' the Humane Society with the City within five days after the <br />occupancy of the Facility. <br /> <br />(c) <br /> <br />Governing Law: This Agreement shall be subject to and interpreted in <br />accordance with the laws of the State and ordinances, rules and regulations of the <br />City. <br /> <br />(d) <br /> <br />Headings: The headings in this Agreement are inserted for convenience and ease <br />of reference and shall not be construed to limit or restrict the scope or intent of <br />any of the provisions herein. <br /> <br />(e) <br /> <br />Assignment: Neither the City nor the Humane Society may assign any portion of <br />this Agreement without the prior written consent of the other party. <br />Notwithstanding the preceding, the Humane Society may pledge amounts received <br />pursuant to this Agreement without the consent of the City. <br /> <br />(f) <br /> <br />Notices: All notices that are required by or which are to be given pursuant to this <br />Agreement shall be in writing and may be personally served or sent by United <br />States mail, postage prepaid. Any notice that is mailed shall be presumed to have <br />been received by the addressee by the third business day after the notice was <br />postmarked. Unless and until otherwise advised in writing, all notices shall be <br />addressed and delivered as follows: <br /> <br />City: <br /> <br />City of Louisville <br />749 Main Street <br />Louisville, Colorado 80027 <br /> <br /> <br />