Center of Colorado WCD Escrow Agreement

JURY ON ANY CLAIM, COUNTERCLAIM, SETOFF, DEMAND, ACTION OR CAUSE OF
ACTION (1) ARISING OUT OF OR IN ANY WAY RELATED TO THIS ESCROW
AGREEMENT OR (2) IN ANY WAY IN CONNECTION WITH OR PERTAINING OR
RELATED TO OR INCIDENTAL TO ANY DEALINGS OF THE PARTIES TO THIS
ESCROW AGREEMENT OR IN CONNECTION WITH THIS ESCROW AGREEMENT OR
THE EXERCISE OF ANY SUCH PARTY'S RIGHTS AND REMEDIES UNDER THIS
ESCROW AGREEMENT OR THE CONDUCT OR THE RELATIONSHIP OF THE PARTIES
TO THIS ESCROW AGREEMENT, IN ALL OF THE FOREGOING CASES WHETHER
NOW EXISTING OR HEREAFTER ARISING AND WHETHER IN CONTRACT, TORT OR
OTHERWISE. EACH OF THE PARTIES HERETO HEREBY FURTHER ACKNOWLEDGES
AND AGREES THAT EACH HAS REVIEWED OR HAD THE OPPORTUNITY TO
REVIEW THIS WAIVER WITH ITS RESPECTIVE LEGAL COUNSEL, AND THAT IT
KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING
CONSULTATION WITH SUCH LEGAL COUNSEL. IN THE EVENT OF LITIGATION,
THIS ESCROW AGREEMENT MAY BE FILED AS A CONSENT BY ALL PARTIES TO A
TRIAL BY THE COURT.
28. Publicity. No party will (a) use any other party's proprietary indicia, trademarks,
service marks, trade names, logos, symbols, or brand names, or(b) otherwise refer to or identify
any other party in advertising, publicity releases, or promotional or marketing publications, or
correspondence to third parties without, in each case, securing the prior written consent of such
other party.
29. Governmental Immunity. No term or condition of this Escrow Agreement shall
be construed or interpreted as a waiver, express or implied, of any of the immunities,rights,
benefits,protections, or other provisions, of the Colorado Governmental Immunity Act, Section
24-10-101, C.R.S. et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq.,
as applicable now or hereafter amended.
30. CORA Disclosure. This Section shall apply only when the Depositor is State of
Colorado or a political subdivision of the State. To the extent not prohibited by federal law, this
Escrow Agreement and the performance measures and standards under Section 24-103.5-101,
C.R.S., if any, are subject to public release by the Depositor through the Colorado Open Records
Act, Section 24-72-101, C.R.S., et seq.
31. Fund Availability. This Section shall apply only when the State of Colorado is a
party to the Escrow Agreement and in the event of conflicts or inconsistences between this
provision and the rest of the Escrow Agreement, such conflicts or inconsistencies shall be
resolved by application of this provision first. Financial obligations of the State of Colorado
payable after the current fiscal year are contingent upon funds for that purpose being
appropriated,budgeted, and otherwise made available.
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