Laserfiche WebLink
31. Construction Against the Drafter. In the event of an ambiguity in this Agreement, the <br /> rule of construction that ambiguities will be construed against the drafter is inapplicable, and the <br /> parties hereto are to be treated as equals and no party will be treated with favor or disfavor <br /> 32. Third Party Beneficiaries. Enforcement of this Agreement and all rights and obligations <br /> hereunder are reserved solely to the parties, and not to any third party. Any services or benefits <br /> that third parties receive as a result of this Agreement are incidental to the Agreement, and do not <br /> create any rights for such third parties. <br /> 33. Governmental Immunity. No term or condition of this Agreement is to be construed or <br /> interpreted as a waiver, express or implied, by Pueblo Water of any of the immunities, rights, <br /> benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. <br /> §24-10-101 et seq., as applicable now or hereafter amended. <br /> 35. Offer. This Agreement will not be effective and Pueblo Water withdraws its offer <br /> to enter into this Agreement unless Lessee executes and delivers this Agreement to Pueblo <br /> Water, along with the initial payments required under paragraphs I LI and 11.2 above, within <br /> sixty (60) days following approval of this Agreement by Pueblo Water's elected Board which <br /> occurred on April 16, 2019. <br /> IN WITNESS WHEREOF, Pueblo Water and Lessee have caused these presents to be <br /> executed in their respective behalf by their proper officers. <br /> BOARD OF WATER WORKS OF PUEBLO, <br /> COLORADQ <br /> By: <br /> Seth J. Clayton, Executive Director <br /> TITAN AU, INC. <br /> By <br /> La . Bailer, President <br /> Page 7 of 7 <br />