Laserfiche WebLink
32. Third Party Beneficiaries. Enforcement of this Agreement and all rights and obligations <br />hereunder are reserved solely to the parties, and not to any third party. Any services or benefits <br />that third parties receive as a result of this Agreement are incidental to the Agreement, and do not <br />create any rights for such third parties. <br />33. Governmental Immunity. No term or condition of this Agreement is to be construed or <br />interpreted as a waiver, express or implied, by Pueblo Water of any of the immunities, rights, <br />benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. <br />§24-10-101 et seq., as applicable now or hereafter amended. <br />34. Early Termination. This Agreement may be terminated by mutual written consent of the <br />parties; or prior to the end of each of the five Contract Years Lessee may, as provided in this <br />provision, terminate this Agreement if Lessee diligently pursues and is unable to obtain a state <br />of Colorado approved substitute water supply plan allowing for the short-term use of the water <br />leased hereunder to augment the Lessee's well(s), or if the Lessee diligently pursues and is <br />unable to obtain a Colorado judicial decree allowing for the long-term use of the water leased <br />hereunder to augment the Lessee's operations. Lessee must provide Pueblo Water notice of <br />termination pursuant to this provision at least 60 days prior to the end of a Contract Year during <br />any of the five Contract Years in order to terminate this Agreement at the end of the Contract <br />Year during which notice of termination is provided by Lessee. Notice of termination provided <br />by Lessee must contain documentation indicating that in accordance with the terms of this <br />provision Lessee diligently pursued and was denied a Colorado substitute water supply plan or a <br />Colorado judicial decree. In the event of termination under this provision no refunds of previous <br />payments will be made and, except for obligations arising or existing prior to the date of <br />termination or those that survive this Agreement according to its terms or by law, neither party <br />will have any further obligations under this Agreement. <br />IN WITNESS WHEREOF, Pueblo Water and Lessee have caused these presents to be <br />executed in their respective behalf by their proper officers. <br />BOARD OF WATER WORKS OF PUEBLO. <br />COLORADO <br />By:. <br />Terry R. Bo , xecutive Director <br />MARTIN MA�IETTA MATERIALS, INC. <br />l <br />By: IV <br />� <br />Page 7of7 <br />Patrick H. Walker, President <br />