Final Draft ALP Marketing Supply and Demand Study

governmental immunity to allow for judicial declaratory and/or injunctive relief to require a
Party/Member to comply with its obligations under this Ate. The waiver of
governmental immunity shall be limited to claims for nonmonetary relief.
4.8 A_vailai»lity of=�riations. Financial obligations or liabilities of the Parties
are contingent upon fiords for that purpose being appropriated by their respective entities.
4.4 Govc ong: Law and Proper Venue_ Except as provided in Section 4.7, all
provisions of this Agreement are governed by the laws of the State of Colorado. Any judicial
enforcement action required to resolve a dispute arising out of this Agreement shall be an action
in a court of competent jurisdiction which relief shall be limited to an action to (i) contest a
decision by the Association to withhold water resulting from an uncured default by a
Party /Member or (ii) seek judicial declaratory and/or injunctive relief to enforce rights and
obligations arising under this Agt+ecment.
4.10 Noo $Mmpa'on of %_1i atrt ions. It is the intention of the Parties that in every case
where liability is established against the Association, only Association assets, funds, and
insurance shall be available to satisfy such liability.
4.11 Multi* Originals. This Agreement may be simultaneously executed in any
number of counterparts, each of which shall be deemed an original, but alt of which constitute
the same Agreement.
4.12 Definitions and InuIR Mtations. Except as otherwise provided herein, nouns.
pronouns and variations thereof shall be deemed to refer to the singular or plural, acid masculine
or feminine. as the context may require. Any reference to a policy, procedure, law, regulation,
rule or document shall mean such policy. procedure, law regulation, rule or document as it may
be amended from time to time.
4.13 NQ C- Mi2a Against Drafter. This Agreement has been prepared by the
combined efforts of the Parties and their respective legal counsel and, accordingly, the Parties
agree there shall be no construction against the drafter of this Agreement should any dispute
arise.
4.14 lieadi0ga,f2r Qgvenience Only. Paragraph headings and titles contained herein
arc intended for convenience of reference only and arc not intended to define, limit, or describe
the scope of intent of any portion of this Agreement.
SIGNATURE. BLOCKS FOR PARTIES FOLLOW ON SEPARATE PAGES
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