Project-Specific Agreement- for the Heyborne Recharge and Wildlife Project

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Ted Kowalski Legal Protection Specialist Colorado Water Conservation Boazd 1313 Sherman St., Room 721 Denver, CO 80203 Ifto SPWRAP: Kevin Urie Execurive Director SPWRAP, tnc. c/o Northem Colorado Water Conservancy District 200 Water Avenue Berthoud, CO 80513 (17) Modification. No modification or amendment of this Agreement shall be effective unless such modification shall be in writing, authorized and signed by all parties hereto with the same formality as this Agreement. (18} Remedies. �t► the event of lirigation, mediation, arbiiration or other dispute resolution pmcess concerning either party°s performance under this Agreement, the remedy of specific performance will be available to either party, in addition to any other remedies legally available. (19) Attomey Fees and Collection Costs. The preceding paragraph notwithstanding, in the event of any litigation, mediation, arbittation or other dispute resolution process arising out of this Agreement, the Parties agree that each shall be responsible for their own costs and fees associated with any such legal action. (20) Fees and Expenses and Apportionment. Except as otherwise expressly set forth in tivs Ageement, each of the parties hereto will beaz its own expenses in wnnection with the transactions contemplated by this Agreement. (21) Construction of Terms. Words of any gender sha11 include all genders as is appropriate. Words in the singular sha11 include the plural and vice versa. This Agreement shal] be construed according to its fair meaning as if prepared by all parties hereto, and shall be deemed to be and contain the entire understanding and Agreement between the parties hereto. {22) Goveming Law and Venue. This Agreement shall be governed by, intetpreted and construed in accordance with the laws of the State of Colorado applicable to contracts entered into and wholly to be performed in the State of Colorado. Each party iaevocably consents to the exclusive jurisdiction of the courts of the State of Colorado and the federal court situated in the State of Colorado, in wnnection with any acrion to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or othenvise arising under or by reason of this agreement. $ HRWP Project Specific Agr I-21-09