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Section 3. Authorization to Execute Other Documents and Instruments. The <br /> President, Vice President, Treasurer or other appropriate officer of the District shall, and they are <br /> hereby authorized and directed, to take all actions necessary or appropriate to effectuate the <br /> provisions of this Resolution, including, but not limited to, the execution and delivery of such <br /> certificates, documents, instruments, and affidavits as may be reasonably required by the CWCB, <br /> Bond Counsel or District Counsel. The execution by the President, Vice President or Treasurer <br /> of any document not inconsistent herewith shall be conclusive proof of the approval by the <br /> District of the terms thereof. <br /> Section 4. Amendment of Resolution. The District may amend this Resolution in the <br /> same manner and subject to the same terms and conditions as are applicable to an amendment or <br /> supplement to the Original Contract, as amended by the Amendment, as provided therein. <br /> Section 5. Costs and Expenses. All costs and expenses incurred in connection with the <br /> preparation, review, execution and delivery of the Amendment and satisfaction of the <br /> requirements of the CWCB in connection therewith, including, without limitation, the provision <br /> of the legal opinions required by the CWCB with respect to the Amendment, shall be paid from <br /> legally available moneys of the District, and such moneys are hereby appropriated for that <br /> purpose. <br /> Section 6. Limitation of Actions. In accordance with Section 11-57-212, C.R.S., no <br /> legal or equitable action can be brought with respect to any legislative acts or proceedings in <br /> connection with the authorization and execution of the Amendment more than 30 days after the <br /> date of passage of this Resolution. <br /> Section 7. Ratification of Prior Actions. All actions heretofore taken (not inconsistent <br /> with the provisions of this Resolution) by the Board or by the officers and employees of the <br /> District directed toward effecting the Amendment are hereby ratified, approved and confirmed. <br /> Section 8. Headings. The headings to the various sections and paragraphs to this <br /> Resolution have been inserted solely for the convenience of the reader, are not a part of this <br /> Resolution, and shall not be used in any manner to interpret this Resolution. <br /> Section 9. Severability. It is hereby expressly declared that all provisions hereof and <br /> their application are intended to be and are severable. In order to implement such intent, if any <br /> provision hereof or the application thereof is determined by a court or administrative body to be <br /> invalid or unenforceable, in whole or in part, such determination shall not affect, impair or <br /> invalidate any other provision hereof or the application of the provision in question to any other <br /> situation; and if any provision hereof or the application thereof is determined by a court or <br /> administrative body to be valid or enforceable only if its application is limited, its application <br /> shall be limited as required to most fully implement its purpose. <br /> Section 10. Repealer. All orders, bylaws, resolutions and ordinances of the District, or <br /> parts thereof, inconsistent or in conflict with this Resolution are hereby repealed to the extent <br /> only of such inconsistency or conflict. <br /> Section 11. Effective Date. This Resolution shall take effect immediately upon its <br /> adoption and approval. <br /> {00465252.DOC/5} 5 <br /> 4831-6436-1066.1 <br />