2023-02-24_HYDROLOGY - M2004009 (2)

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12) Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained herein and supersedes all prior agreements,representations and understandings of the Parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the Parties hereto. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar,nor shall any waiver constitute a continuing waiver. 13) Responsibility for Use and Indemnification. Lessee shall bear all responsibility for its use of the Leased Water upon the City's delivery of the Leased Water under this Agreement,together with all costs associated with that use. Lessee agrees to and shall indemnify, defend, save and hold harmless the City and its officers, employees and agents, against any and all claims, damages, liability and court awards including costs, expenses and attorney's fees, arising from Lessee's use of the Leased Water. 14) Governmental Immunity. No terms or conditions of this Agreement shall be construed or interpreted as a waiver, either expressed or implied, of the monetary Iimitations on liability or any of the immunities,rights,benefits or protections provided to the City under the Colorado Governmental Immunity Act, 5 24-1,0-101, et seq. C.R.S., as it shall be amended from time to time. 15) Attorney Fees. In the event of litigation or other dispute resolution process arising out of this Agreement the prevailing party shall be awarded its costs and expenses including attorneys'fees. .•cif Agreed to as of the day of ,2023. The ity Cory Peterson, Deputy Director of Utilities City of Louisville Lessee Daniel W. Hunt,President Asphalt Specialties Co.,Inc. Attachment: Replacement Schedule • 749 Main Street,Louisville,Colorado 80027 • P-(303)335-4608 F-(303)335-4550 • www.louisvilleco.gov 0