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<br />7) Counterparts, Facsimiles and E-Mail. This Agreement may be signed in any
<br />number of counterparts, which together shall constitute one and the same
<br />instrument. Original signatures of the Parties on copies of this Agreement
<br />transmitted by facsimile or electronically/scanned and e-mailed copies shall be
<br />deemed originals for purposes of this Agreement, and such copies shall be binding
<br />on all Parties.
<br />8) Authority to Execute Agreement. Each person executing this Agreement on
<br />behalf of each Party represents, warrants, assures, and guarantees that s/he has full
<br />legal authority to execute this Agreement on behalf of the Jurisdiction and CDOR,
<br />respectively, and to bind Jurisdiction and CDOR, to all the terms, conditions,
<br />provisions, and obligations of this Agreement.
<br />9) Termination of Agreement: CDOR or Jurisdiction may terminate this
<br />Agreement for any reason on 90 days written notice to the other Party. In the event
<br />of a breach of contract, the aggrieved Party shall give written notice of breach to the
<br />other Party. If the notified Party does not cure the breach of contract, at its sole
<br />expense, within 30 days after the delivery of written notice, the Party may
<br />terminate the contract. Notwithstanding any provision of this Agreement to the
<br />contrary, both Parties retain any statutory rights they may have to immediately
<br />terminate this Agreement in whole or in part in order to protect the public interest
<br />of their citizens.
<br />10) Limited Financial Obligation. Consistent with Article X, § 20 of the Colorado
<br />Constitution, any financial obligation of either party not performed during the
<br />current fiscal year is subject to annual appropriation, so the obligation shall extend
<br />only to monies currently appropriated and shall not constitute a mandatory charge,
<br />requirement, debt or liability beyond the current fiscal year.
<br />11) Limitation of Liability for ODOR. CDOR, its employees, agents, including
<br />Vendors and assignees shall not be liable for any costs, expenses, claims, damages,
<br />liabilities, court fees and other amounts (including attorneys' fees and related costs)
<br />including but not limited to cost of delay, loss of data or information, failure of the
<br />SUTS system, loss of moneys remitted to SUTS, direct losses, consequential, special,
<br />indirect, incidental, punitive or exemplary loss incurred by Jurisdiction in relation to
<br />any services, including database access in connection with this Agreement.
<br />12) Governmental Immunity. Liability for claims for injuries to persons or
<br />property arising from the negligence of the State, its departments, boards,
<br />commissions, committees, bureaus, offices, employees and officials, or of the
<br />Jurisdiction, its departments, boards, commissions, committees, bureaus, offices,
<br />employees and officials, shall be controlled and limited by the provisions of the
<br />Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort
<br />Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State's risk
<br />management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this
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