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_'� � , <br />performance of its services under this Agreement which are owned by <br />the District. <br />%IIZ OTHER AGREEMENTS <br />With certain exceptions described more fully below, <br />Hydrosphere will comply with the relevant terms and conditions of <br />the Computer Modelling Contzact between the Colorado Water <br />Conservation Board and the District attached hereto as Appendix A. <br />Specific exception is made with respect to Section 4 of the <br />Special Provisions of Appendix A regardinq indemnification. <br />Hydrosphere shall be liable only for damages directly attributable <br />to Hydrosphere�s will£ul misconduct or negligence in carryinq out <br />its duties as specified in this Agreement; furthermore, such <br />liability shall extend only to Hydrosphere as a corporate entity <br />and not to any employees of Hydrosphere as individuals. <br />Specific exception is made with respect to Paraqraph 4 of <br />Section 5 of the Special ProviSions of Appendix A regardinq Equal <br />Opportunity and Affirmative Action reporting. Inasmuch as <br />Hydrosphere does not contemplate any hiring activity in connection <br />with the work, Hydrosphere shall be exempt from any reporting <br />requirements expressed or implied in this Paragraph. - <br />%IV APPLICABLE LAWS <br />Hydrosphere shall be cognizant of all federal and state laws <br />and local ordinances and regulations which in any manner affect <br />those engaged or employed in the work or which in any manner affect <br />the conduct of the work, and of all such orders and decrees of <br />bodies or tribunals having any jurisdiction or authority over the <br />same, and shall at all times observe and comply with all such <br />existing laws, ordinances, regulations and decrees. <br />This Agreement shall be construed under the laws of the State <br />of Colorado. If any part of this Agreement is found to be in <br />conflict with applicable laws, such part shall be null and void to <br />the extent of such conflict but the remainder of this Agreement <br />shall be given full force and effect. <br />YV FUTURE LITIGATION <br />Hydrosphere shall not appear as an expert witness on behalf of <br />any opponent to Conejos or the Colorado Water Conservation Board in <br />any litigation in which the Platoro Model, developed under this <br />Agreement, is at issue or is to be used as an exhibit. <br />� <br />