Laserfiche WebLink
harmless the City of Canon City, its officers, agents and employees and the Canon City <br /> Water Department, its officers, agents and employees, from and with respect to the <br /> claims of any person who is not a party to this Agreement with respect to any injury to <br /> persons or property arising from the existence, use and/or operation of Agile's intake, <br /> diversion and water distribution systems. <br /> 14. This Agreement shall be interpreted in accordance with the laws of the <br /> State of Colorado and the ordinances, resolutions, regulations and written policies of <br /> the City of Canon City, Colorado. <br /> 15. In the event any general sales tax or other general tax is levied on the <br /> lease of water or services provided under this Agreement, Agile agrees to pay said tax. <br /> 16. Agile may, however, contest the imposition of anyi such tax at its own <br /> expense and the requirement of payment under this Agreement shall be without <br /> prejudice to Agile's right to so contest any attempted imposition of tax. <br /> 17. This Agreement and Agile's rights and obligations hereunder may not be <br /> assigned by Agile without the prior written consent of Canon City, which consent will not <br /> be unreasonably withheld by Canon City. No attempted assignment by Agile of this <br /> Agreement or of its rights or obligations hereunder shall be binding on Canon City <br /> unless Canon City shall have previously agreed to such an assignment in writing. <br /> 18. Failure of either party hereto to exercise any right hereunder shall not be <br /> deemed a waiver of such party's right and shall not affect the right of said party to <br /> exercise at some future time said right or rights or any other right it may have <br /> hereunder. <br /> 19. Nothing in this Agreement shall be construed as a grant by Canon City of <br /> any water right or of any exclusive right or privilege to Agile or to Agile's successors or <br /> permitted assigns. In addition, Agile shall never claim, assert or obtain any perpetual <br /> easement or other perpetual right to water or to water service by virtue of its execution <br /> and performance of this Agreement or by virtue of Canon City's lease of water to Agile <br /> under the provisions hereof during the term of this Agreement or with respect to any <br /> prior agreement or understanding between the parties hereto. Agile hereby specifically <br /> agrees, acknowledges, represents and warrants that Canon City shall have no <br /> obligation to lease, sell, make available, deliver or otherwise pravid water to Agile at <br /> any time following the termination of this Agreement. Canon ity shall have no <br /> obligation to renew or otherwise extend the term of this Agreemen beyond its stated <br /> termination date or to renew this Agreement at any time following an earlier termination <br /> hereof. Canon City shall have no obligation to increase the volu a of water it has <br /> agreed to make available for sale and delivery to Agile hereunder. <br /> ` 26. If any provision hereof is invalid and unenforceable, then, to the fullest <br /> extent permitted by law, the other provisions hereof shall remain in full force and effect <br /> 5 <br />