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17. APPLICABLE LAW: The terms and conditions of this Agreement shall be <br /> construed, interpreted and enforced in accordance with the applicable laws of the State of <br /> Colorado. If any legal action is necessary to enforce the terms and conditions of this <br /> Agreement, the parties agree that jurisdiction and venue for bringing such action shall be in <br /> the appropriate court in Prowers City, Colorado. <br /> 18. VENUE AND APPLICABLE LAW. This Agreement shall be interpreted <br /> and construed in accordance of the laws of the State of Colorado. Any action brought to <br /> enforce or interpret this Agreement shall be brought in the applicable District or County <br /> Court for Prowers County, Colorado. <br /> 19. INDEMNIFICATION. <br /> a. City. Except to the extent a claim arises from any negligence or willful <br /> misconduct of the City, Owner hereby agrees to indemnify, hold harmless and <br /> defend City, its Affiliates and their respective directors, officers, managers, <br /> members, employees, agents and representatives from all losses and liabilities, <br /> including court costs and reasonable attorneys' fees, on account of or arising out of <br /> or alleged to have arisen out of any third party claim directly related to: (i) City's <br /> use of the Property, (ii) City's breach of this Agreement; or (iii) bodily injury or <br /> damage to real or tangible personal property caused by the City's use and operation <br /> of the Property. <br /> b. Owner. Except to the extent a claim arises from any negligence or willful <br /> misconduct of the Owner, City hereby agrees to indemnify, hold harmless and <br /> defend Owner, its Affiliates and their respective directors, officers, managers, <br /> members, employees, agents and representatives from all losses and liabilities, <br /> including court costs and reasonable attorneys' fees, on account of or arising out of <br /> or alleged to have arisen out of any third party claim directly related to: (i) Owner's <br /> use of the Property; (ii) Owner's breach of this Agreement; or(iii) bodily injury or <br /> damage to real or tangible personal property caused by the Owner's use and <br /> operation of the Property. <br /> 20. EXCLUSIVE RIGHT. City shall have the exclusive right to said Premises <br /> and Owner shall not rent, lease, or otherwise demise said Property to third parties. <br /> 21. MODIFICATION OF AGREEMENT. Any modification of this Agreement <br /> or any additional obligation assumed by either party in connection with this Agreement shall <br /> be binding only if in writing, signed by each party or an authorized representative of each <br /> party. <br /> 22. AUTHORITY OF PARTIES. All parties as well as all signatories to this <br /> Agreement warrant and represent to each other that the signatories named herein have full <br /> and complete authority to enter into the within Agreement. <br />