Laserfiche WebLink
toward the goal of restoring the well production so that it reasonably meets the <br /> Rodman Property's historical needs. As may be necessary, mitigation may <br /> require re-installation of the water system that Greeley provided to the Rodmans <br /> hereunder during dewatering operations. <br /> F. As long as this Agreement is in effect, it shall constitute a vested right to the <br /> Rodmans' continued connection to and use of the City water supply. No rights of <br /> ownership of the City of Greeley water system, including the water service line and <br /> tap to be installed, shall become vested as a result of the temporary water service <br /> provided under this Agreement. The Rodmans shall not,by reason of any provision <br /> of this Agreement or the use of water hereunder or otherwise, acquire any vested or <br /> adverse right, in law or in equity, in the water rights or water system owned by the <br /> City of Greeley. Furthermore, the Rodmans shall not assert or claim any vested right <br /> to continued service other than as established by the terms and conditions of this <br /> Agreement. <br /> G. Greeley shall pay the Rodmans the sum of thousand dollars ($5,000.00) as <br /> compensation for the Rodmans' time, effort, and emotional distress resulting from <br /> Greeley's mining operations. <br /> 4. Default. If either Party fails or refuses to perform according to the terms of this <br /> Agreement, such Party may be declared in default. Such declaration of default must be made in <br /> writing. If a Party has been declared in default of this Agreement, such defaulting Party shall be <br /> allowed a period of 30 days within which to cure the default. If a default by Greeley remains <br /> uncorrected,the Rodmans may elect to: (a)terminate the Agreement and seek damages; or(b) <br /> treat the Agreement as continuing and seek specific performance. If a default by the Rodmans <br /> remains uncorrected, Greeley may not terminate the Agreement but may seek damages or <br /> specific performance. <br /> 5. No waiver of any breach of any term or provision of this Agreement shall be construed to <br /> be,nor shall be, a waiver of any other breach of this Agreement. No waiver shall be binding <br /> unless in writing, signed by the party waiving the breach. <br /> 6. Costs and Jurisdiction. In the event of litigation in connection with or concerning the <br /> subject matter of this Agreement, the prevailing party shall be entitled to recover all costs and <br /> expenses incurred by such party in connection therewith, including reasonable attorneys' fees. <br /> Any dispute arising hereunder relative to enforcement or construction of any term of this <br /> Agreement shall be determined in accordance with the substantive law of the State of Colorado, <br /> and venue shall be in District Court,Weld County, Colorado. <br /> 7. No Third Party Beneficiga. It is expressly understood and agreed that the terms and <br /> enforcement of the terms and conditions of this Agreement, and all rights of action relating to <br /> such enforcement, are strictly reserved to the undersigned parties,their successors and/or <br /> assigns. Nothing in this Agreement shall give or allow any claim or right or cause of action <br /> whatsoever by any other person not included in this Agreement. It is the express intention of the <br /> undersigned parties that no person and/or entity, other than the undersigned parties,their <br /> 3 <br />