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19. Sole Oblieation of Utilitv Enternrise. <br />(a) This Agreement shall never constitute a general obligation or other indebtedness of the <br />City of Aurora ("City"), or a multiple Fiscal year direct or indirect debt or other financial obligation <br />whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado <br />or of the Charter and ordinances of the City. <br />(b) In the event of default by Aurora's Utility Enterprise of any of its obligations under <br />this Agreement, Frei shall have no recourse for any amounts owed to it against any funds or <br />revenues of the City except for those revenues derived from rates, fees or charges for the services <br />furnished by, or the direct or indirect use of, the Water System and deposited in the Water <br />Enterprise Fund, as the terms "Water System" and "Water Enterprise Fund" as defined in Aurora's <br />City Ordinance No. 2003-18, and then only after the payment of all operation and maintenance <br />expenses of the Water System and all debt service and reserve requirements of any bonds, notes, <br />or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of <br />the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this <br />Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the <br />City. <br />20. Miscellaneous. <br />(a) Intent of Agreement. This Agreement is intended to describe the rights and <br />responsibilities of and between the named Parties, and is not intended to, and shall not be deemed <br />to confer rights upon any persons or entities not named as Parties, nor to limit in any way the <br />powers and responsibilities of Aurora, Frei, or any other entity not a party hereto. <br />(b) Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable <br />for any reason by a court of competent jurisdiction as to either Party or as to both Parties, the entire <br />Agreement will terminate. <br />(c) Waiver of Breach. Waiver of breach of any of the provisions of this Agreement by <br />either Party shall not constitute a continuing waiver of any subsequent breach by said Party of <br />either the same or any other provision of this Agreement. <br />(d) Multi le Originals. This Agreement may be simultaneously executed in any number <br />of counterparts, each one of which shall be deemed an original, but all of which constitute one and <br />the same Agreement. <br />(e) Headings for Convenience. Headings and titles contained herein are intended for the <br />convenience and reference of the Parties only, and are not intended to confine, limit, or describe <br />the scope of intent of any provision of this Agreement. <br />(f) Recordation. Following the execution of this Agreement, the Parties may cause this <br />Agreement to be recorded with the Clerk and Recorder's Office of such county or counties in <br />Colorado as they may desire. <br />7 <br />