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10. The District shall construct, operate and maintain the improvements contemplated by the <br /> Grant Agreement, in accordance with established District policy for playground construction <br /> and maintenance. Should any claim for personal injuries, property damage or wrongful <br /> death be asserted as a result of the construction, operation, maintenance, or use of the <br /> improvements contemplated by the Grant Agreement, the parties shall be responsible for <br /> their respective liabilities arising from such claim in the manner and to the extent provided <br /> by the Colorado Governmental Immunity Act and the Colorado law concerning pro-rata <br /> liability. The parties shall not be jointly and severally liable for such claims. <br /> 11. By executing this agreement, the parties do not waive any immunity, limitation on liability or <br /> other provision contained in the Colorado Governmental Immunity Act; do not create a <br /> multi-year fiscal obligation; and do not create any other financial obligation not supported by <br /> a current appropriation. <br /> 12.This agreement does not create any rights in any individual not a party to this agreement. <br /> 13.This document, and exhibits, shall constitute the entire agreement of the parties. <br /> 14.The District hereby grants to the City a limited license in, and right of entry to, the property <br /> described in Ex. "B"for the purposes stated in the Grant Agreement, Ex. "A", and for no <br /> other purpose. Such license and right of entry shall be exercised only in the event the <br /> District has failed to comply with the requirements of the Grant Agreement and shall include <br /> all rights reasonably necessary, as determined by the City, for the City to enter upon the <br /> property and perform its obligations to GOCO under the Grant Agreement. This right <br /> includes the ability of the City to use its employees, agents or outside contractors. This <br /> license and right-of-entry further includes the right to enter upon the property with any <br /> equipment or vehicles. <br /> 15.This agreement, including the limited right-of-entry and license, shall terminate <br /> simultaneously with the termination of all City obligations under the Grant Agreement. <br /> ATTEST: BOULDER VALLEY SCHOOL DISTRICT: <br /> :F LOUis Jim Reed, President, Board of Education <br /> [Title] /' **. ( ►�/i <br /> k SEAL ;,,,5 <br /> ATTE: 0� ; 1 CITY F LOUISVILLE <br /> Nancy Varra, City Clerk Robert P. Muckle, Mayor <br />