Resolution 2007-08 - Laserfiche WebLink

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FIRE DISTRICT: President of the Board of Directors Louisville Fire Protection District 895 W. Via Appia Way Louisville, CO 80027 CITY: City Manager City of Louisville 749 Main St. Louisville, CO 80027 Such notice shall be deemed to have been given when deposited in the United States mail. 24. ASSIGNMENT. Neither Party shall assign any of the rights nor delegate any of the duties created by this Agreement without the written consent of the other Party. 25. GOVERNING LA'V AND VENUE. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in the appropriate court for Boulder County, Colorado. 26. FUND A V AILAE:LITY. Financial obligations of the Parties after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 27. PAYMENTS TO CONSTITUTE CURRENT EXPENDITURES. The Parties acknowledge and agree that all payment obligations under this Agreement are current expenditures of the Parties, payable in the fiscal year for which funds are appropriated for the payment thereof. The Parties' 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 the Parties within the meaning of Article X, Section 20 of the Colorado Constitution. Upon thirty (30) days prior written notice, either Party shall have the right to withdraw its participation from this Agreement in the event that its governing body does not appropriate, budget, or otherwise make funds available for the purpose of extending this Agreement past its initial term, or in the event that any court of competent jurisdiction determines that this Agreement, any extension of this Agreement, or any portion thereof: is in violation of Section 20, Article X, of the Colorado Constitution. Any such termination or withdrawal shall not be considered a breach of this Agreement or any ext<:::llsion thereof. 28. NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of Parties that ahy person ... other than the Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 29. INSURANCE. The Fire District shall procure and maintain Commercial General Liability insurance. Such insurance shall include the City, its officers and its 7