Resolution 2019-03 - Laserfiche WebLink

Home Browse Search

which consent may be granted or denied in the City's discretion. If granted, the City may impose conditions upon such consent at the City shall determine. VII. MISCELLANEOUS PROVISIONS A. Disagreements. Both Parties agree in good faith to use their best efforts to resolve disputes that may arise under this Agreement by direct consultation, facilitated discussions or mediation, if possible, before commencement of litigation; provided, however, such procedures shall not be a condition precedent to the filing of litigation in order to protect against the application of any statute of limitations. B. Good Faith Negotiations. In the event that either Party feels unreasonably constrained by the terms of this Agreement at any time, the Parties shall bargain in good faith to explore any adjustment of the terns of this Agreement which could relieve such constraint, consistent with the spirit of this Agreement and the public interest. C. No Indemnity and Hold Harmless. Neither Party is required to indemnify the other in connection with this Agreement, except as set forth in this Agreement. However, each Party assumes responsibility for its actions and omissions in the performance or failure to perform work under this Agreement, as well as the actions and omissions of its agents and employees. Neither Party waives or intends to waive the limitations on liability which are provided to the parties, their officers, and employees under the Colorado Governmental Immunity Act, Section 24-10-101, et. seq., C.R.S. The District agrees to be responsible to validate the availability of the City Conduit along the District's intended route, and the District agrees to hold the City harmless in the event there is an error within the City's conduit documentation. D. Leases and Licenses Non -Exclusive. The leasehold interests and licenses granted by the City in this Agreement shall be non-exclusive and shall be subject to all applicable provisions of the Louisville Horne Rule Charter, and subject to all prior rights, interests, easements, franchises or licenses granted to any person to use any such property, street, right-of-way, easement, right, interest or license for any purpose whatsoever. E. No Claim Upon Revocation. This Agreement and the rights granted pursuant to this Agreement shall create no vested rights subsequent to its expiration, termination or revocation. Upon such expiration, termination or revocation, neither Party nor any successor in interest of any Party, including without limitation a trustee or creditor in bankruptcy, shall have any right to continue to operate the District Network or to recover any expenditures made hereunder. F. Taxes. The District does not pay local sales and use taxes. The City agrees not to assess any local taxes in connection with the construction and maintenance of the District Network provided that any contractor constructing or maintaining the District Network may be assessed local sales and use taxes. 8