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C153701 PIF Contract
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C153701 PIF Contract
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Last modified
7/7/2015 10:46:51 AM
Creation date
7/7/2015 10:43:34 AM
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Loan Projects
Contract/PO #
C153701
Contractor Name
Fort Morgan, City of
Contract Type
Loan
Loan Projects - Doc Type
Contract Documents
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SO 4 <br /> following any lease, sublease, assignment, pledge or other hypothecation, the lessee, sublessee, assignee, <br /> pledgee, etcetera, as applicable, shall deliver to the SWSP Enterprise a written notice and acknowledgement in <br /> the form of Exhibit 3 attached hereto. This Contract is made for the exclusive benefit of the Allottee and <br /> shall not inure to the benefit of any successors or assigns of said Allottee except pursuant to the terms of <br /> this Contract. <br /> 13. Permitted Assignments. Allottee shall have the right to temporarily assign all or a portion of <br /> its capacity allotment to another Participant, or to another participant in other pipelines constructed and <br /> operated by the SWSP Enterprise as part of the Southern Water Supply Project, within the physical capabilities <br /> of the Pipeline and the conditions set forth on Schedule A. The SWSP Enterprise shall not be required to <br /> recognize such an assignment until it has received reasonable notice thereof from the Allottee. <br /> 14. Remedies. <br /> a. Should the Allottee or the SWSP Enterprise suffer injury or damage to person or property <br /> b-• - of any error, omission or act of the other party or of any of the other party's <br /> -.e� s or agents or others for whose acts the other party is legally liable, claims will <br /> Igi .. :,e in writing to the other party within a reasonable time of the first observance of such <br /> jury or d.., =e. The provisions of this subparagraph shall not be construed as a substitute <br /> fo • . :ve ,. ,e provisions of any applicable statute of limitations or repose or any other <br /> ' t . e ,• . <br /> 1-.. <br /> he 'dies and obligations imposed by this Contract and the rights and remedies available <br /> hereunder to the parties hereto are in addition to, and are not to be construed in any way as <br /> a limitation of, any rights and remedies available to them which are otherwise imposed by law <br /> or regulation, and the provisions of this paragraph will be as effective as if repeated <br /> specifically in the Contract in connection with each particular duty, obligation, right, and <br /> remedy to which they apply. All representations and commitments made in the Contract will <br /> survive final payment and termination or completion of the Contract. <br /> 15. Most Favored Party. The terms and provisions of the Allotment Contracts for each of the <br /> Participants will be substantially similar and in no event will SWSP Enterprise offer an Allotment Contract to <br /> another Participant with more favorable provisions, based on all of the terms and conditions of the Agreement <br /> as a whole, without first offering to Allottee the opportunity to amend its Allotment Contract to contain such <br /> favorable provisions. <br /> 16. Legal and Practical Ability to Perform. SWSP Enterprise and Allottee, respectively, warrant <br /> and represent as follows: <br /> a. The SWSP Enterprise hereby warrants and represents to Allottee that SWSP Enterprise is validly <br /> organized and has the power and authority to enter into this Contract and to allot to Allottee <br /> the rights described herein. SWSP Enterprise agrees that any assignment of its rights and <br /> responsibilities hereunder shall be void and unenforceable without the prior written approval <br /> of the Allottee except as set forth in paragraph 17 below. <br /> b. Allottee hereby warrants and represents to SWSP Enterprise that Allottee is validly organized <br /> and has the power and authority to enter into this Contract and to accept the allotment <br /> described herein. <br /> 12 <br />
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