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<br /> harmless the C,1 y of Caftn City, its officers, agents and e p1oye s n the Can"o City
<br /> Water Department 1, its Officersl agents and employees„ from and with respect to the
<br /> ,claims any peer-sore who is not a party to this Agreement with respect any, lnj ry
<br /> persons or property arlsing frorn the existence, use and/or operation of A lle's intake,
<br /> diversion and water distribution systems
<br /> 4. T 1s Agreement shish be interpreted 'in accordance with he law's of the
<br /> State of Colorado and the ordinances, res lUtions, regulations and written policies of
<br /> the C% y of Canon City, Colorado,.
<br /> 15 In the event any general sales tax or other general tax is levied on the
<br /> lease of water or services provided Linder this,Agreement, Agile agrees to pay, said tax.
<br /> 6. Agile may, however, contest the Impos fin of any such tax at, its own
<br /> expense, and the requirement of payment under, this Agreernen salt be wifthout
<br /> prejudice to, Agile's right so contest any attempted imposition of tax.
<br /> 7 This, Agreement and Agile Isl rights and obligations hereunder may not be
<br /> assigned by Agile, without the prior written consent Ciahon City, which conceal will not
<br /> be unreasonably withheld by Caftn City. No attemptedassignment by Agile of this
<br /> Agreement r of its rights or obligations hereunder shall be binding loin, Can �r City
<br /> unless Cation City g all have previously agree' to such an assignn ent lr writing.
<br /> 8. Failure of either party hereto to exercise any right hereunder shall not be,
<br /> deemed a, waiver of such par y s rig t and shall molt affect the right of said party, to
<br /> exercise at solme fLftra time, said right Or rights or and tier right it may have
<br /> hereunder.
<br /> . Nothing in this Agreement shall be construed as, a great by Cahoon City of
<br /> any water right or of any exclusive right or iprivilege toAgiJe or to Agile's successio,r$ or
<br /> permitted assigns. ]In addition, Agile shall never blaim, assert or obtain any, perpetual
<br /> easement r other perpetual right to water r to water service by virtue of its execution
<br /> and performance of this Agreement or by virtue of Caton C ty's 1ease, of water to Agile
<br /> nd er the provisions hereof during the terra of this Agreement or with respect any,
<br /> prior agreement or understanding between the plarties hereto. Agile hereby specii ilcally
<br /> agrees, acknowledges] represents and warrants that Ca or City shall, have n
<br /> obligation lease, sell, make available, deliver or otherwise provide water to Agile at
<br /> any time following the term'J"natl n of t is Agreement. Cahon City shall haver ,
<br /> obligation o anew or otherw,ise extend the term of this Agreement beyond its Stated
<br /> termination date or o renew, this Agreemlent at any time following an e rlle�r erm natlor
<br /> hereof. Canon, City shall have no obligation to increase the, volume of water it has
<br /> agreed to mia,ke available for sale and delivery to Agile hereunder.
<br /> 20. If any provision hereof is invalid and unenforceable, then, too the fullest
<br /> extent permitted by 1a,w, the, other provisions, hereof shall remain in fell force and effect
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