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Venue for any legal or equitable acYion concerning this Agreement shall be in Sedgwick <br />County, Colorado. <br />(23) Effect of Partial Invalidity. Each paragraph of this Agreement is intertwined with <br />the others and is not severable unless by mutual consent of the Parties hereto. <br />(24) Waiver and Non-Waiver. No provision of this Agreement may be waived except <br />by an Agreement in writing signed by each Party. No waiver by the Parties of any one or <br />more of the terms, covenants, conditions, and ageements of this Agreement shall be <br />deemed to imply or constitute a waiver of any succeeding or other breach hereunder. <br />(25) No Third Parry Beneficiaries. This Ageement is made solely and specifically <br />among and for the benefit of the parties hereto, together with their permitted successors, <br />if any, and no other person or entity shall have any right, interest, or claim hereunder or <br />be enriUed to any beneSt hereunder ar on account of this Agreement. This Agreement <br />shall not be deemed to limit, impair, or enlarge in any way the powers, regulatory <br />suthority and responsibiliries of either Party or any other govemmenYal entity not a party <br />hereto. <br />(26) Headings. All headings contained herein are for purposes of reference and ` <br />convenience only and shall not limit or define any rights or obligarions of the parties <br />hereto. <br />(27) Authority to Sign. Each person signing this Agreement represents and waaants <br />that he or she has the authority ta execute this Agreement on beha(f of ffie enrity for <br />wkrich he or she is signing. In accordance with applicable law and each party's respective <br />organizational documents, each party has taken all necessaty action to authorize the <br />execution, deliver and performance of this Agreement and to consummate the <br />transactions wntemplated hereby. <br />(28) Counterparts and Facsimiles. This Agreement may be executed in counterparts, <br />each of which shall be an original but all of which together shall consdtute one and the <br />same instrument, and by facsimile transmission. Facsimile signatures shall bind the <br />parties hereto. <br />(29) No Partnership or Other Relationship. The Parties hereYo acknowledge and agree <br />that in all respects no pariy shal] be considered to be an agent, partner, or joint venturer of <br />any other party in any manner whatsoever. No party shall have express or implied <br />authority to act on behalf of or make any represenistions whatsoever on behalf of any <br />other party except as speci6ca11y provided by this Agreement. No party shall have any <br />right to control any activities of any other party other than as pmvided by the terms of <br />this Agreement. <br />9 HRWP Project Specific Agr 1-21-09 <br />