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<br />['.: <br />,,' <br /> <br />. <br /> <br />. <br /> <br />r <br />! : interpretation hereof. Unless otherwise stated, all reference to articles, sections, paragraphs or <br />clauses are to those in this Agreement. <br /> <br />IT <br /> <br />F. <br />I": <br /> <br />rJ <br />G <br /> <br />~. <br />.... <br />;J: <br />F', <br />t;~, <br /> <br />[; <br />r,;;:' <br />= <br /> <br />C <br />r; <br />~ <br />11 <br /> <br />r: :;-~ <br />I <br />L,. <br /> <br />l. <br />E <br /> <br />r <br />L <br /> <br />r; <br />tl <br />U <br /> <br />I::, <br />l <br /> <br />No Waiver. The failure of either party to this agreement to insist upon the performance of any <br />of the terms and conditions of this agreement, or the waiver of any breach of any of the terms <br />and conditions of this agreement, shall not be construed as thereafter waiving any such terms <br />and conditions, but the same shall continue and remain in full force and effect as if no such <br />forbearance or waiver had occurred. <br /> <br />Amendments and Modifications. No provision of this Agreement may be amended or modified <br />in any way except by the written agreement of the parties. <br /> <br />Authority. The parties signing of behalf of corporate entities represent and warrant that they <br />have the requisite powers and authority to bind the corporation to the terms of this Agreement. <br /> <br />Notices. Any notices required or desired hereunder shall be in writing and delivered or sent <br />postage prepaid by certified or registered mail. return receipt requested, or by fax to the parties <br />at their addresses set forth above (or such other addresses as the parties may otherwise <br />designate in writing). The date of delivery, mailing or fax shall be deemed to constitute the date <br />of any such notice. <br /> <br />Counterparts. This Agreement may be signed in counterparts, each to serve as an original <br />document. <br /> <br />Faxed Siqnatures. In the execution of this Agreement, faxed signatures of the parties to this <br />Agreement shall be considered original signatures. A party executing this Agreement with a <br />faxed signature shall promptly provide the other parties to this Agreement with an original <br />signature. <br /> <br />OWNER: LA PLATA WATER CONSERVANCY DISTRICT <br /> <br />~. <br />By: / <br />/J . Brice "" ice President <br />(/ .--0 " <br />Dated this ; S ayof ~~/ , 2002. <br /> <br /> <br />ENGINEER: WRIGHT WATER ENGINEERS, INC. <br /> <br />~. <br />By: " c; <br />IC A. BlklS, P.G. <br />Vice President <br /> <br />Dated thisi~\ay of <br /> <br /> <br />By: <br /> <br />117,/ <br />/ > <br /> <br />.2002. <br /> <br />H:\stl\LPWCD\FeasibilityStudy\Contract02 - WWE & LPWCD.doc <br />G:IDocumentslWwe Wei\20021991-0771ContractIContracI02 - WNE LPWCD revision 5-6-02.doc <br /> <br />Agreement Between Owner and Engineer <br /> <br />Page 5 <br />