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3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a <br /> waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the <br /> Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended. <br /> 4.0 No Third-Party Beneficiary It is expressly understood and agreed that the enforcement of the terms <br /> and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved <br /> to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action <br /> whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned <br /> parties that any entity other than the undersigned parties receiving services or benefits under this Agreement <br /> shall be an incidental beneficiary only. <br /> 5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and <br /> incorporated herein, contains the entire agreement between the parties with respect to the subject matter <br /> contained in this Agreement. This instrument supersedes all prior negotiations, representations, and <br /> understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement <br /> may be changed or supplemented only by a written instrument signed by both parties. <br /> 6.0 Board of County Commissioners of Weld CouM Approval. This Agreement shall not be valid until <br /> it has been approved by the Board of County Commissioners of Weld County, Colorado,or its designee. <br /> 7.0 Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,shall <br /> be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or <br /> incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void. <br /> In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or <br /> Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. <br /> 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, <br /> concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney <br /> fees and/or legal costs incurred by or on its own behalf. <br /> 9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all <br /> liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and <br /> description caused by, arising from, or on account of the design and construction of improvements, and pay <br /> any and all judgments rendered against the County on account of any such suit, action or claim, and <br /> notwithstanding Section 7.0 above,together with all reasonable expenses and attorney fees incurred by County <br /> in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the <br /> negligence of the County or its officers,agents,employees,or otherwise except for the liability,loss,or damage <br /> arising from the intentional torts or the gross negligence of the County or its employees while acting within <br /> the scope of their employment. All contractors and other employees engaged in construction of the <br /> improvements shall maintain adequate worker's compensation insurance and public liability insurance <br /> coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing <br /> occupational safety and health. <br /> 10.0 Binding- Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- <br /> judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference <br /> shall be null and void. <br /> 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly <br /> authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants <br /> to the other that the execution and delivery of the Agreement and the performance of such party's obligations <br /> hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such <br /> party and enforceable in accordance with its terms. If requested by the County,Property Owner shall provide <br /> David&Kayleen Hunt c/o J-2 Contracting Co.—TAP22-0019,TAP22-0020,TAP22-0021—RMCA22-0022 <br /> Page 5 of 7 <br />