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20. Governmental Immunity: The parties hereto understand and agree that the <br /> City of Thornton, its officers, and its employees, are relying on, and do not waive <br /> or intend to waive, by any provision of this Construction Agreement, any rights, <br /> protections, or privileges provided by the Colorado Governmental Immunity Act, <br /> 24-10-101 C.R.S., et seg., as it is from time to time amended, or otherwise <br /> available to Thornton, its officers, or employees. However, Governmental <br /> Immunity shall not be available or asserted by the City of Thornton as a defense <br /> to any of the contract remedies available to Contractor under this Construction <br /> Agreement <br /> 21. Authority of Thornton: This Construction Agreement is expressly subject to <br /> and shall not become effective or binding on Thornton until the Construction <br /> Agreement is fully executed by all signatories of the City of Thornton. Thornton <br /> warrants that Thornton is a home rule municipal corporation duly organized, <br /> validly existing and in good standing under the laws of the State of Colorado; has <br /> the right, power, and legal capacity to enter into and perform its obligations under <br /> this Construction Agreement and the documents to be executed and delivered <br /> pursuant hereto; and the execution and delivery of this Construction Agreement <br /> and such documents and the performance and observance of their terms, <br /> conditions, and obligations have been duly and validly authorized by all <br /> necessary action on its part to make this Construction Agreement and such <br /> documents and such performance and observance valid and binding upon <br /> Thornton. <br /> 22. Authority of Contractor: Contractor warrants that Contractor is a Colorado <br /> Corporation duly organized, validly existing and in good standing under the laws <br /> of the State of Colorado; is qualified -to transact business in the State of <br /> Colorado; has the right, power, and legal capacity to enter into and perform its <br /> obligations under this Construction Agreement and the documents to be <br /> executed and delivered pursuant hereto; and the execution and delivery of this <br /> Construction Agreement and such documents and the performance and <br /> observance of their terms, conditions, and obligations have been duly and validly <br /> authorized by all necessary action on its part to make this Construction <br /> Agreement and such documents and such performance and observance valid <br /> and binding upon Contractor. <br /> 23. Veracity of Representations and Warranties: No representations or warranty <br /> made by Contractor or Owner in this Construction Agreement, or any schedule or <br /> exhibit attached hereto or in any certificate or other document furnished by either <br /> party pursuant to this Construction Agreement contains any untrue statement of <br /> material fact or omits any material fact. <br /> 24. Amendment: This Construction Agreement may be modified, amended, <br /> changed, or terminated in whole or in any part only by an agreement in writing <br /> duly authorized and executed by both Parties with the same formality as this <br /> Construction Agreement. <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 23 <br />