Resolution 2016-08 - Laserfiche WebLink

Home Browse Search

13. Appropriations. All financial obligations of both Parties for years beyond 2016 shall be subject to appropriations by the respective governing bodies. 14. Minor Changes. This Agreement has been approved in substantially the form submitted to the governing bodies of the Parties. The officers executing this Agreement have been authorized to make and may have made minor changes in the Agreement and attached exhibits, if any, as they have considered necessary. So long as such changes were consistent with the intent and understanding of the Parties at the time of approval by the governing bodies, the execution of this Agreement shall constitute the approval of such changes by the respective Parties. 15. Reimbursable _Costs. Except as expressly provided herein, each Party shall be responsible for its own, legal, accounting, overhead and administrative staffing costs incurred in the negotiation, drafting or performance of this Agreement or in relation to any improvements subject to this Agreement. 16. Responsibility for Legal Proceedings. Louisville shall be responsible for defending itself, its officers, and employees in any civil action brought against Louisville, its officers, and employees by any person claiming injury and damages as a result of the performance of this Agreement. Likewise, SMD1 shall be responsible for defending itself, its officers, and employees in any civil action brought against SMD1, its officers, and employees by any person claiming injury and damages as a result of the performance of this Agreement. Louisville, its officers, and employees shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of SMD1 or any officer or employee thereof, arising out of the performance of this Agreement. Likewise, SMD1, its officers, and employees shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of Louisville or any officer or employee thereof, arising out of the performance of this Agreement. Nothing herein shall be deemed a waiver of the rights, immunities, protections and limitations afforded the Parties in accordance with the Colorado Governmental Immunity Act, C.R.S. 24 -10 -101, et seq., as amended. 17. No Joint Venture or Partnership. Nothing contained in this Agreement is intended to create a partnership or joint venture between SMD1 and Louisville and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the Parties of any activity, function, or service nor does it create a joint enterprise, nor does it authorize any Party hereto to act as an agent of the other Party hereto for any purpose whatsoever. IN WITNESS WHEREOF, the Parties execute this Agreement, in their respective names as of -Fe (pcuar ga , 2016. SUPERIOR METROPOLITAN DISTRICT NO.1 Clint Folsom, President 4