Resolution 2024-43 - Laserfiche WebLink

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12. GOVERNING LAW AND VENUE: This Agreement shall be govemed by the laws of the State of Colorado and venue shall lie in the County of Boulder. 13. NO LIABILITY: NO WAIVER OF IMMUNITY: The City shall in no manner be liable to the Property Owner or any other person for any monies expended or liabilities incurred by the Property Owner in connection with the Grant program, whether or not the Property Owner is actually paid any funds from the Grant. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 14. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be considered to be an incidental beneficiary only. 15. ASSIGNMENT: This Agreement may not be assigned by the Property Owner without the prior written consent of the City, which consent may be given or withheld at the City's sole discretion. 16. INDEMNIFICATION: The Property Owner shall be liable and responsible for any and all damages to persons or property caused by or arising out of the actions, obligations, or omissions of the Property Owner, its officers, employees, contractors, agents, representatives or other persons acting under the Property Owner's direction or control in performing or failing to perform any obligation of Property Owner under this Agreement or in any matter related to completion of the Work. To the fullest extent allowed by law, the Property Owner will indemnify and hold harmless the City, its elected and appointed officials, and its employees, agents and representatives (the "indemnified parties"), from any and all liability, claims, demands, liens, claims on funds, actions, damages, losses, judgments, costs or expenses, including but not limited to attorneys' fees, which may be made or brought or which may result against any of the indemnified parties as a result or on account of the actions or omissions of the Property Owner, its officers, employees, contractors, agents or representatives, or other persons acting under the Contractor's direction or control in any manner related to this Agreement or completion of the Work. 17. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES: Property Owner acknowledges and agrees that all payment obligations under this Agreement are current expenditures of the City, payable in the fiscal year for which funds are appropriated for the payment thereof. The City's obligations under this Agreement shall be from year to year only and shall not constitute a multiple -fiscal year direct or indirect debt or other financial obligation of Town within the meaning of Article X, Section 20 of the Colorado Constitution. 4