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On behalf of Prowers County: On behalf of Permittee: <br /> Mark Dorenkamp Karl Nyquist <br /> Title: Road& Bridge Supervisor Title: Manager <br /> Phone:719-336-5536 Phone:303-389-6777 <br /> 109 East Sherman 7991 Shaffer Parkway, Suite 200 <br /> Lamar,CO 81052 Littleton, CO 80127 <br /> Attn:Karl Nyquist <br /> 6. Miscellaneous. <br /> 6.1 Compliance with Laws. Permittee shall comply with all federal,State of Colorado, and <br /> local laws and regulations. <br /> 6.2 Severability. If any portion of this Agreement is held invalid, it shall have no effect upon <br /> the validity of the remaining portions of this Agreement. <br /> 6.3 Entire Agreement; Binding Effect;Amendments. This Agreement constitutes the entire <br /> agreement of the Parties with regard to its subject matter. This Agreement shall not be modified or <br /> amended except in a writing signed by the Parties. This Agreement is binding upon the parties and their <br /> respective successors and permitted assigns. This Agreement is only for the benefit of the parties <br /> hereto,and no third party shall have any right,claim or interest hereunder. This Agreement will be <br /> enforced as written. In the event of any conflict with the provisions of the main agreement,the <br /> provisions of this Addendum will control. <br /> 6.4 Governing Law: Dispute Resolution. This Agreement shall be governed by and <br /> interpreted in accordance with the laws of the State of Colorado. If the parties are unable to resolve <br /> amicably any dispute arising out of or in connection with this Agreement,they agree that such dispute <br /> shall be resolved in a court of competent jurisdiction located in Prowers County, or if none,then a court <br /> of competent jurisdiction located nearest to Prowers County. <br /> 6.5 CONSEQUENTIAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN <br /> THIS AGREEMENT, PERMITEE SHALL NOT BE ENTITLED TO,AND PERMITTEE HEREBY WAIVES ANY AND <br /> ALL RIGHTS TO RECOVER,CONSEQUENTIAL, INCIDENTAL AND PUNITIVE OR EXEMPLARY DAMAGES <br /> FROM COUNTY, HOWEVER ARISING,WHETHER IN CONTRACT,IN TORT OR OTHERWISE, UNDER OR <br /> WITH RESPECT TO ANY ACTION TAKEN IN CONNECTION WITH THIS AGREEMENT. <br /> 6.6 Counterparts. This Agreement may be executed in multiple counterparts, all of which <br /> shall constitute one and the same Agreement. <br /> 6.7 Statutory County. County,which is a statutory county in the State of Colorado, reserves <br /> all rights as a statutory entity, including governmental immunity as provided by law. <br /> 6.8 Assignment. Permittee may not assign this Agreement without the prior written <br /> consent of the County. <br /> 6.9 Public Record. In the event County receives a public records demand pursuant to the <br /> Colorado Open Records Act for copies of documents which are or may be confidential, or may otherwise <br /> 3 <br />