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illegal,or unenforceable,this Agreement shall be construed and enforced without such <br /> provision, to the extent that this Agreement is then capable of execution within the <br /> original intent of the parties. <br /> 17.Attorney's Fees/Leeal Costs: In the event of a dispute between County and Owner <br /> concerning this Agreement, the parties agree that County shall not be liable to or <br /> responsible for the payment of attorney fees and/or legal costs incurred by or on behalf <br /> of Owner. <br /> 18. Fund Availability: Financial obligations of County, payable after the current fiscal <br /> year, are contingent upon funds for that purpose being appropriated, budgeted and <br /> otherwise made available. By execution of this Agreement, County does not warrant <br /> that funds will be available to fund this Agreement beyond the current fiscal year. No <br /> portion of this Agreement shall be deemed to create an obligation on the part of County <br /> to expend funds not otherwise appropriated or budgeted for. County will not engage in <br /> mining and/or crushing activities unless funds for such activities have been <br /> appropriated,budgeted or otherwise been made available for such activities. <br /> IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first <br /> stated above. <br /> Owner Signature: Date: <br /> Printed Name: John Mers <br /> WELD COUNTY: <br /> ATTEST: C� BOARD OF COUNTY COMMISSIONERS <br /> Weld Coun the o`a WELD COUNTY, COLORADO <br /> BY.. 114, <br /> A �-t/t- <br /> Deputy Clirk to the B arbara Kirkmey r, Chair <br /> AT 19 2015 <br /> 11161 <br /> APPROVED AS TO FUN APPROVED AS STANCE: <br /> Controller V EleVfod icial or Cepartment Head <br /> APPROVED AS TO FORM: N 1A <br /> (/" ts Director of General Services <br /> County Attorney <br /> Page 5 of 5 <br />