2018-12-26_REVISION - M2008078 ‎(28)‎

• Permit No: M2008078
• IBM Index Class Name: Revision
• Doc Date: 12/26/2018
• Doc Name Note: Preliminary - Part 4 of 4
• Doc Name: Adequacy Review Response
• From: J&T Consulting
• To: DRMS
• Type & Sequence: AM1
• Email Name: AME
• Media Type: D
• Archive: No

On behalf of Prowers County: On behalf of Permittee:
Mark Dorenkamp Karl Nyquist
Title: Road& Bridge Supervisor Title: Manager
Phone:[phone] Phone:[phone]
109 East Sherman 7991 Shaffer Parkway, Suite 200
Lamar,CO 81052 Littleton, CO 80127
Attn: Karl Nyquist
6. Miscellaneous.
6.1 Compliance with Laws. Permittee shall comply with all federal,State of Colorado, and
local laws and regulations.
6.2 Severability. If any portion of this Agreement is held invalid, it shall have no effect upon
the validity of the remaining portions of this Agreement.
6.3 Entire Agreement; Binding Effect;Amendments. This Agreement constitutes the entire
agreement of the Parties with regard to its subject matter. This Agreement shall not be modified or
amended except in a writing signed by the Parties. This Agreement is binding upon the parties and their
respective successors and permitted assigns. This Agreement is only for the benefit of the parties
hereto,and no third party shall have any right, claim or interest hereunder. This Agreement will be
enforced as written. In the event of any conflict with the provisions of the main agreement,the
provisions of this Addendum will control.
6.4 Governing Law; Dispute Resoiuticn. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of Colorado. If the parties are unable to resolve
amicably any dispute arising out of or in connection with this Agreement,they agree that such dispute
shall be resolved in a court of competent jurisdiction located in Prowers County, or if none,then a court
of competent jurisdiction located nearest to Prowers County.
6.5 CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS AGREEMENT, PERMITEE SHALL NOT BE ENTITLED TO,AND PERMITTEE HEREBY WAIVES ANY AND
ALL RIGHTS TO RECOVER,CONSEQUENTIAL,INCIDENTAL AND PUNITIVE OR EXEMPLARY DAMAGES
FROM COUNTY, HOWEVER ARISING,WHETHER IN CONTRACT, IN TORT OR OTHERWISE,UNDER OR
WITH RESPECT TO ANY ACTION TAKEN IN CONNECTION WITH THIS AGREEMENT.
6.6 Counterparts. This Agreement may be executed in multiple counterparts, all of which
shall constitute one and the same Agreement,
6.7 Statutory County. County,which is a statutory county in the State of Colorado, reserves
all rights as a statutory entity, including governmental immunity as provided by law.
6.8 Assignment. Permittee may not assign this Agreement without the prior written
consent of the County.
6.9 Public Record. In the event County receives a public records demand pursuant to the
Colorado Open Records Act for copies of documents which are or may be confidential, or may otherwise
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