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3. Restrictions. <br />a. A Party conducting any work in or affecting the Restricted Area will provide as <br />much notice as possible of such work to the other Party and will collaborate with the other Party <br />about traffic planning. <br />b. Work in the Restricted Area shall be performed between the hours of 8:00 p.m. <br />and 5:00 a.m. only. <br />c. If, in the opinion of the Party conducting or requiring the work, it is impractical <br />for work in the Restricted Area to be done exclusively during the specified night hours, the Party <br />conducting or requiring the work shall obtain prior written approval from the other Party, which <br />approval shall not be unreasonably withheld. <br />4. Miscellaneous <br />a. Governing Law and Venue. This IGA shall be governed by the laws of the State <br />of Colorado, and any legal action concerning the provisions hereof shall be brought in Boulder <br />County, Colorado. <br />b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or <br />breaches of this IGA by either Party shall not constitute a waiver of any of the other terms or <br />obligation of this IGA. <br />c. Integration. This IGA constitutes the entire agreement between the Parties, <br />superseding all prior oral or written communications. <br />d. Third Parties. There are no intended third -party beneficiaries to this IGA. <br />e. Notice. Any notice under this IGA shall be in writing, and shall be deemed <br />sufficient when directly presented or sent pre -paid, first class United States Mail to the party at <br />the address set forth on the first page of this IGA. <br />f. Severability. If any provision of this IGA is found by a court of competent <br />jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall <br />remain in full force and effect. <br />g. Modification. This IGA may only be modified upon written agreement of the <br />Parties. <br />h. Assignment. Neither this IGA nor any of the rights or obligations of the Parties <br />hereto shall be assigned by either Party. <br />i. Governmental Inununity. The Parties and their officers, attorneys and employees, <br />are relying on, and do not waive or intend to waive by any provision of this IGA, the monetary <br />limitations or any other rights, immunities or protections provided by the Colorado <br />Governmental Immunity Act, C.R.S. § 24-10-10I, et seq., as amended, or otherwise available to <br />the Parties and their officers, attorneys or employees. <br />2 <br />231.017 <br />J, COUNCIL ,CITY COUNCIL PACKETSL 01712017 02 0712017 02 07 SUPERIOR IGA 02 DOCX <br />