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and fees associated with any such legal action. 38. Fees, Expenses, and Apportionment: Except as otherwise expressly set forth in this Construction Agreement, each of the parties hereto will bear its own expenses in connection with the transactions contemplated by this Construction Agreement. 39. Joint Draft: The Parties agree they drafted this Construction Agreement jointly with each having the advice of legal counsel and an equal opportunity to contribute to its content. 40. Intent of Agreement: This Construction Agreement is intended to describe the rights and responsibilities of and between the Parties, and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not signatories hereto, nor to limit, impair, or enlarge in any way the powers, regulatory authority, and responsibilities of either Party or any other governmental entity not a party hereto. 41. No Limitation on Ability to Raise Funds: Nothing in this Construction Agreement is intended to limit Owner's ability to raise necessary funds to pay for the Property through any form of internal or external borrowing that may be available to it. 42. Notices: Any notice required or permitted to be given hereunder shall be in writing and shall be deemed given when delivered personally or sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: Owner: City Manager City of Thornton 9500 Civic Center Drive Thornton, Colorado 80229; and, City Attorney City of Thornton 9500 Civic Center Drive Thornton, Colorado 80229 Contractor: Northern Colorado Constructors, Inc. 9075 WCR 10 Fort Lupton, Colorado 80621 or at such other address as either party hereto may designate by giving written notice thereof to the other party hereto in the aforesaid manner. Notice shall be effective upon receipt. Construction Agreement—Zadel(v.4-24-08) 26