Resolution 2010-45 - Laserfiche WebLink

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To County Clerk: To: Nancy Varra Carlos Webb, Elections Coordinator City Clerk, City of Louisville 1750 33rd St., Suite 200 749 Main Street Boulder, CO 80301 -2546 Louisville, CO 80027 303 413 -7745 303 335 -4571 Fax: 303- 413 -7750 Fax: 303 335 -4550 e -mail: cwebb @co.boulder.co.us e -mail: nancyv @louisvilleco.gov 3.7 Amendment. This IGA may be amended only in writing, and following the same formality as the execution of the initial IGA. 3.8 Integration. The parties acknowledge that this IGA constitutes the sole agreement between them relating to the subject matter hereof and that no party is relying upon any oral representation made by another part or employee, agent or officer of that party. 3.9 Actual Costs Defined. "Actual Cost" includes but is not limited to the costs of labor, printing, postage, and materials itemized, identified, and consumed for the conduct of the City's Election. 3.10 Damages for Negligence or Error. In the event that a court of competent jurisdiction finds that the Election for the City was void or otherwise fatally flawed due to a cause arising from the negligence of the County Clerk, then the County Clerk shall, refund or pay all amounts paid to the Counl:y Clerk, vendors or contractors designated by the County Clerk, together with reasonable court costs, and other itemized costs for the Election paid by the City, and shall, at the next available November election date, coordinate the election for the City at no cost to the City. In the event that a court of competent jurisdiction finds that the Election for the City was void or otherwise fatally flawed due to a cause arising from the negligence or error of the City, the City shall pay the County Clerk its reasonable court costs, and any additional and reasonable costs (including without limitation, attorney's fees) incurred by the County Clerk as a result of or relating to the error or negligence by the City, or arising from litigation relating to the Election. 3.11 Conflicts of this IGA with the Law, Impairment. In the event that any provision in this IGA conflicts with the law, this IGA shall be modified to conform to such law or resolution. 3.12 Time of Essence. Time is of the essence in the performance of the work under this IGA. The statutory time requirements of the Code shall apply to completion of the tasks required by this IGA. 3.13 Good Faith. The Parties shall implement this IGA in good faith, including acting in good faith in all matters that require joint or coordinated action. 3.14 Third Party Beneficiary. The enforcement of the terms and conditions of this IGA and all rights of action relating to such enforcement shall be strictly reserved to the County Clerk and the City, and nothing contained in this IGA shall give or allow any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this IGA that