CPW Water Provider Agreement

M. Non-Business Days. If any date for any action under this Agreement falls on
a Saturday, Sunday or a holiday recognized by the State of Colorado, then
the relevant date shall be extended automatically until the next business day.
N. No Agency. This Agreement is not intended, and shall not be construed, to
create any association, joint venture, agency relationship or partnership
between the Parties, or to impose any such obligation or liability upon either
Party. Neither of the Parties shall have any right, power or authority to enter
into any agreement or undertaking for, or act as or be an agent or
representative of, or otherwise bind, the other Party.
O. No Public Utility. Nothing contained in this Agreement shall be construed as
an intent by any of the Parties to dedicate any of their property to public use
or subject any of them to regulation as a "public utility" as defined in the
Colorado Public Utilities Code or any other applicable law.
P. No Costs or Fees. In the event of litigation or other dispute resolution
process arising out of this Agreement, the Parties agree that each shall pay
its own costs and expenses including attorney fees.
Q. Joint Draft. This Agreement was drafted jointly by CDNR and Water Provider
with each having the opportunity for review, comment, advice and the
contribution of legal counsel. Accordingly, the Parties agree the legal doctrine
of construction against the drafter shall not be applied should any dispute
arise concerning this Agreement.
R. Severability. The provisions hereof are severable and any provision that is
declared invalid or becomes inoperable for any reason shall not affect the
validity of any other provision hereof, provided that the Parties can continue to
perform their obligations under this Agreement in accordance with its intent.
S. CORA Disclosure. To the extent not prohibited by law, this Agreement is
subject to public release through the Colorado Open Records Act, CRS §24-
72-201, et seq.
T. Authority, Appropriation, And Approval. Authority to enter into this Agreement
exists in Colorado Revised Statutes and funds have been budgeted,
appropriated and placed into escrow in accordance with Section IV.D.
Financial obligations of the Water Provider payable after the current fiscal
year, identified in Section IV.E above, and mitigation costs in excess of those
identified in Section IV.D, if any, are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available. Required
approvals, clearance and coordination have been accomplished from and
with appropriate agencies.
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