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31. Binding Effect: This Construction Agreement and the rights and obligations <br /> created hereby shall be binding upon and shall inure to the benefit of the Parties <br /> hereto and their respective successors and assigns, if any. <br /> 32. Governing Law and Venue: This Construction Agreement and its application <br /> shall be construed in accordance with the laws of the State of Colorado. The <br /> Parties agree that venue for any litigated disputes regarding this Construction <br /> Agreement shall be the District Court in and for Weld County, Colorado, unless <br /> any such issues are water matters as defined by C.R.S. § 37-92- 203, for which <br /> the Parties agree the venue for any litigated disputes shall be the District Court, <br /> Water Division 1. However, the Owner and Contractor may avail themselves of <br /> the procedures provided in C.R.S. § 13-3-111. <br /> 33. Multiple Originals: This Construction Agreement may be simultaneously <br /> executed in any number of counterparts, each of which shall be deemed original <br /> but all of which constitute one and the same Construction Agreement. <br /> 34. Survival of Representations: Each and every covenant, promise or payment <br /> contained in this Construction Agreement shall not merge in document or <br /> instrument but shall survive and be binding and obligatory upon each of the <br /> Parties hereto. <br /> 35. Sole Obligation of,Owner's Utility Enterprise: The Parties agree any and all <br /> obligations of Owner under this Construction Agreement are the sole obligations <br /> of the City of Thornton Enterprise Fund and, as such, shall not constitute a <br /> general obligation or other indebtedness of the City of Thornton or a multiple <br /> fiscal year direct or indirect debt or other financial obligation whatsoever of the <br /> City of Thornton within the meaning of any constitutional, statutory, or charter <br /> limitation. The Parties agree that in the event of default by Owner or failure to <br /> meet any of its obligations under the terms of this Construction Agreement, <br /> Contractor shall have no recourse against any of the revenues of the City of <br /> Thornton except for the net revenues of the water utility system available <br /> therefore in the City of Thornton water fund, or any successor enterprise fund, <br /> after payment of all expenses relating to the operation and maintenance and <br /> periodic payments on bonds, loans, and other obligations of the City of Thornton <br /> water system. <br /> 36. No Warranty Concerning Tax Status: Owner makes no warranties nor <br /> guarantees that any interest paid by Owner to Contractor as a result of the <br /> transactions contemplated by this Construction Agreement is excludable from <br /> federal, state, or local income tax purposes. <br /> 37. No Attorney's Fees or Costs: In the event of any litigation, mediation, <br /> arbitration, or other dispute resolution process arising out of this Construction <br /> Agreement, the Parties agree that each shall be responsible for their own costs <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 25 <br />