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8. Recitals: Each of the Recitals set forth in the introduction of this Agreement forms a <br /> part of this Agreement and is expressly incorporated into this Agreement of the parties. <br /> 9. Approval by the Board of County Commissioners of Weld County: This <br /> Agreement shall not be valid until it has been first approved by the Board of County <br /> Commissioners of Weld County,Colorado or its designee. <br /> 10.Governmental Immunity: No term or condition of this contract shall be construed or <br /> interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, <br /> protections or other provisions,of the Colorado Governmental Immunity Act§§24-10- <br /> 101 et seq.,as applicable now or hereafter amended. <br /> 11. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that <br /> the enforcement of the terms and conditions of this Agreement,and all rights of action <br /> relating to such enforcement, shall be strictly reserved to the undersigned parties and <br /> nothing in this Agreement shall give or allow any claim or right of action whatsoever <br /> by any other person not included in this Agreement. It is the express intention of the <br /> undersigned parties that any entity other than the undersigned parties receiving services <br /> or benefits under this Agreement shall be an incidental beneficiary only. <br /> 12. Entire Agreement/Modifications: This Agreement contains the entire agreement <br /> between the parties hereto and supersedes any other agreements concerning the subject <br /> matter addressed in this Agreement. No modifications, amendments, notations, <br /> renewals or other alteration of or to this Agreement shall be deemed valid or of any <br /> force or effect whatsoever, unless mutually agreed upon in writing by the parties to this <br /> Agreement. This Agreement may be changed or supplemented only by a written <br /> instrument signed by both parties. <br /> 13. Acceptance not Waiver: No breach of any term,provision or clause of this Agreement <br /> shall be deemed waived or excused,unless a waiver or consent shall be made in writing <br /> and signed by the party claimed to have waived or consented to the breach.Any consent <br /> by any party hereto, or waiver of a breach by the other party, whether express or <br /> implied, shall not constitute a consent to, waiver of, or excuse for any other different <br /> or subsequent breach. <br /> 14. Interruptions: Neither party to this Agreement shall be liable to the other for delays <br /> in delivery or failure to deliver or otherwise to perform any obligation under this <br /> Agreement, where such failure is due to any cause beyond its reasonable control, <br /> including, but not limited to Acts of God, fires, strikes, war, flood, earthquakes or <br /> Governmental actions. <br /> 15. No Conflict. During the term of this Agreement, no employee of Owner nor any <br /> member of Owner's family shall serve on a County Board,committee or hold any such <br /> position which either by rule,practice or action nominates,recommends,or supervises <br /> County's activities of Owner's property. <br /> 16. Severability. If any term or condition of this Agreement shall be held to be invalid, <br /> Page 4 of 5 <br />