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749 Main Street <br />Louisville, CO 80027 <br />or to such other address or the attention of such other person(s) as hereafter designated <br />in writing by the applicable parties in conformance with this procedure. Notices shall be <br />effective three days after mailing or upon personal delivery in compliance with this <br />paragraph. <br />3.6 Force Maieure. Whenever Developer is required to complete construction, <br />maintenance, repair, or replacement of improvements by a given or agreed -upon <br />deadline, such deadline shall be reasonably extended if Developer cannot as a practical <br />matter, complete such performance by such deadline due to Acts of God or other <br />circumstances constituting force majeure or beyond the reasonable control of Developer. <br />3.7 Approvals. Whenever approval or acceptance of a matter is required or <br />requested of the City pursuant to any provisions of this Agreement, the City shall act <br />reasonably in responding to such matter. <br />3.8 Previous Agreements. All previous written and recorded agreements between <br />the parties or their predecessors, including, but not limited to, any Annexation Agreement <br />or Subdivision Agreement, shall remain in full force and effect and shall control this <br />Development. If any prior agreements conflict with this Agreement, then this Agreement <br />controls. <br />3.9 Title and Authority. Developer warrants to the City that it is the record owner of <br />the Development property or is acting in accordance with the currently valid and <br />unrevoked power of attorney of the record owner hereto attached. The undersigned <br />further warrant to have full power and authority to enter into this Agreement. <br />3.10 Governing Law; Venue; Severability. This Agreement and all matters arising <br />hereunder or in connection herewith shall be governed by and construed and enforced in <br />accordance with the laws of the State of Colorado. Any disputes regarding or arising out <br />of this Agreement shall be brought in the courts of Boulder County, Colorado, and in no <br />other court. In the event that any provision of the Agreement is held to be violative of the <br />city, state, or federal laws and hereby rendered unenforceable, the City, in its sole <br />discretion, may determine whether the remaining provisions will or will not remain in force. <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the date <br />first set forth above. <br />10 <br />