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w <br /> • <br /> L. Counterparts and Facsimiles. This Agreement may be executed in counterparts, <br /> each of which shall be an original but all of which together shall constitute one and <br /> the same instrument. Facsimile signatures bind the parties hereto. <br /> M. Non-Business Days. If any date for any action under this Agreement falls on a <br /> Saturday, Sunday or a holiday recognized by the State of Colorado, then the <br /> relevant date shall be extended automatically until the next business day. <br /> N. No Aqency. This Agreement is not intended, and shall not be construed, to create <br /> any association, joint venture, agency relationship or partnership between the <br /> Parties, or to impose any such obligation or liability upon either Party. Neither of <br /> the Parties shall have any right, power or authority to enter into any agreement or <br /> undertaking for, or act as or be an agent or representative of, or otherwise bind, the <br /> other Party. <br /> O. No Public Utility. Nothing contained in this Agreement shall be construed as an <br /> intent by any of the Parties to dedicate any of their property to public use or subject <br /> any of them to regulation as a "public utility" as defined in the Colorado Public <br /> Utilities Code or any other applicable law. <br /> P. No Costs or Fees. In the event of litigation or other dispute resolution process <br /> arising out of this Agreement, the Parties agree that each shall pay its own costs <br /> and expenses including attorney fees. <br /> Q. Joint Draft. This Agreement was drafted jointly by CDNR and Water Provider with <br /> each having the opportunity for review, comment, advice and the contribution of <br /> legal counsel. Accordingly, the Parties agree the legal doctrine of construction <br /> against the drafter shall not be applied should any dispute arise concerning this <br /> Agreement. <br /> R. Severability. The provisions hereof are severable and any provision that is declared <br /> invalid or becomes inoperable for any reason shall not affect the validity of any <br /> other provision hereof, provided that the Parties can continue to perform their <br /> obligations under this Agreement in accordance with its intent. <br /> S. CORA Disclosure. To the extent not prohibited by law, this Agreement is subject to <br /> public release through the Colorado Open Records Act, CRS §24-72-201, et seq. <br /> T. Authority, Appropriation, And Approval. Authority to enter into this Agreement <br /> exists in the Colorado Special Districts Act, Title 32, Article 1, C.R.S. and approved <br /> by resolution of the Castle Pines Metropolitan District Board of Directors on <br /> September 17, 2015, and funds have been budgeted, appropriated and placed into <br /> escrow in accordance with Section IV.D. Financial obligations of the Water <br /> Provider payable after the current fiscal year, identified in Section IV.E above, and <br /> mitigation costs in excess of those identified in Section IV.D, if any, are contingent <br /> upon funds for that purpose being appropriated, budgeted, and otherwise made <br /> available. Required approvals, clearance and coordination have been <br /> accomplished from and with appropriate agencies. <br /> 12 <br />