Laserfiche WebLink
408323 02-22-2017 Page 11 of 16 <br /> 31. Force Maieurc. This Agresirient shall not be terminated, nor shall either party- be <br /> liable to the other for damages, for any failure or del-ay in performance ureter this Agreelyient <br /> caused directly or indirectly by any third person, audioray, event, or circumstance beyond such <br /> party's reasonable control and without such party's fault or negligence. including, without <br /> limitation, fire, casualty, strike, lockout, government cOtatrol and. shortages resulting therefrom, <br /> failure in supply ofany necessary utility service, natural disaster, or the application of any new <br /> federal or stare laws, executive orders, rules. or reetilations, <br /> 3?. Entire ?�.�;I-es~n�ent, This Agreetnent represents the entire agreement of the pasties <br /> With respect to the subject matter covered herein. The Prior Agreement between Sheep <br /> Mountain and the District is superseded and replaced in its entirety by this Agreement. All <br /> ne�f,otiations, considerations, representations, and understandings between the parties are <br /> incorporated and merged herein. This Agreement may be modified or altered only by the parties' <br /> signed written agreement. <br /> 33. Attortiev's Bees. In the event of atiy dispute between the parties concerning this <br /> Agreement or in the event of any action to enforce this Agreeinent or to collect damages on <br /> account of any breach of the obligations provided for herein,the prevailing party shall be entitled <br /> to recover frogs the other party, all costs and expenses, including reasonable attorney's fees, <br /> incurred in such litigation or mediation as well as all additional costs, expenses, and attorney fees <br /> incurred in anforcing and collecting any judgment rendered in such action. <br /> 34. Cooperation. The parties agree to cooperate with each other in good faith in the <br /> performance of their obligations and requirements under this Agreernent and to fulfill the intent <br /> and purposes of this Agreement. <br /> 35. Governing Law and Vcnue. 'The laws of the Mate of Colorado shall govern the <br /> validity, perforinance, and enforcement of this agreement. Proper venire for any action <br /> regarding this Agreement shall be in I luerfano County, Colorado, <br /> 36. Binding Effect. "The covenants. agreements, and obligations contained herein <br /> shall extend to, bind, and inure to the benefit of the parties hereto, as well as their respective <br /> personal representatives, heirs, successors, and assigns. Any assignee shall assume the <br /> obligations of this ,agreement. <br /> This Grant of Easements is entered into the day and y ear Set forth above. <br /> RIAL.M, LI_,C, <br /> a California limited liability company, <br /> 11 <br /> 112 <br />