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11.Annual Appropriation. Nothing in this Agreement <br />construed as creating a multiple fiscal year Obligation o <br />within the meaning of Colorado Constitut+ Article <br />other constitutional or statutory provision, and th <br />hereunder are expressly conditional upon ahnual app <br />Council, in its sole discretion. Company understands <br />decision of City Council to not appropriate funds f• <br />without penalty or liability to the City and, fu her, shall <br />invalidate any of the remaining terms or pro isions of t <br />12. Governing Law: Venue: Dispute Resolution. This <br />governed and construed in accordance with the la <br />Colorado. This Agreement shall be subj ct to, an• <br />accordance with, the Louisville City Chart r and the <br />Code. Any action arising out of, in Conn ction wt <br />Agreement shall be filed in the District Cou of Boulde <br />of Colorado and in no other court or jurisdi tion. In th <br />concerning any provision of this Agreement the parti- <br />commencing any litigation, they shall first engage in go <br />of a mutually acceptable, qualified, and experienced <br />mediators for the purpose of resolving such dispute. <br />dispute is not fully resolved by mediation of otherwise <br />request for mediation by either party, then ither part <br />remedy, may commence binding arbitrationrregardir'g <br />Judicial Arbiter Group. Judgment on any arbitration aw <br />in any court of competent jurisdiction. <br />13. Legal Challenge: Escrow. The City shall have no cal <br />rebate payment hereunder during the pendency of an <br />this Agreement. The parties covenant th t neither <br />challenge to the validity or enforceability of t is Agree <br />will cooperate in defending the validity or a forceab lit <br />against any challenge by any third party. Any fun <br />payment under this Agreement shall be escrowed <br />account in the event there is a legal challenge to this A <br />14.Assignment. This Agreement is personal tcl Company <br />not assign any of the obligations, benefits or provisions <br />whole or in any part without the expressed ritten atilt <br />Council of the City. Any purported assilgnment,t <br />encumbrance made without such prior writtgn authonz. <br />15.No Joint Venture. Nothing is this Agree ent is <br />construed to create a joint venture between he City <br />City shall never be liable or responsible for any <br />Company. <br />Page 4 of 5 <br />in <br />an <br />d <br />hall be deemed or <br />the part of the City <br />Section 20 or any <br />City's obligations <br />priation by the City <br />=nd agrees that any <br />r payment shall be <br />not affect, impair, or <br />is Agreement. <br />greement shall be <br />s of the State of <br />construed in strict <br />Louisville Municipal <br />, or relating to this <br />County of the State <br />event of a dispute <br />agree that prior to <br />d faith the services <br />ediator, or panel of <br />In the event such <br />within 60 days of a <br />, as their exclusive <br />the dispute through <br />rd may be enforced <br />ation to make any <br />legal challenge to <br />ill initiate any legal <br />ent, and the parties <br />of this Agreement <br />s appropriated for <br />in a separate City <br />reement. <br />and Company may <br />of the Agreement in <br />orization of the City <br />ansfer, pledge, or <br />tion shall be void. <br />ended or shall be <br />Company and the <br />bt or obligation of <br />