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~~'t~IT- ~--~ 5. Tin Sale of Water RifhLs. No tens of this Agreematt shall be construed to be a sale, lease or transfer of any water rights owned by Sellea. 6. No Warranties. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARBING ITS WATER OR TfS PERFORMANCE UNDER THIS AGREEIvIENT, INCLUDING (WITHOUT LIlbIITATION) ANY )MPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR A13Y IMPLIED WARRANTY ARISING OUT OF COURSE OF PEFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. THE WATER DELIVERED BY SELLER IS DELIVERED "AS IS" 7. Limitation of Liability. II3 NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS PERFORMANCE HEREUNDER. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SELLER ARISING OUT OF OR IN CONNECTION WITH THLS AGREEMENT EXCEED ONE HUNDRED DOLLARS {$100). 8. Indemni$cation. Buyer agrees to indemnify, hold harmless and defend Se21er, its agents, assigns, employees, officers; and officials from and against all claims, demands, liabilities, suits, judgments and decrees, losses and costs and expenses of say kind or nature whatsoever on account of claims or demands arising out of Buyer's operations pursuant to this Agreement, .a.~ regardless of where such claim arose. 9. Iasinance. Buyer shall procure and maintain at its sole and exclusive expense insurance coverage, including comprehensive liability, personal injury, and property damage, with minimum combined single limits of one million dollars {$1:000,000) each Occurrence and one million dollars ($2,0~,O~j general aggregate. 10. Agreement BitrdiaQ. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns. i 1. Goveaning Law and Venue. This Agreement and the rights and obligations of the Parties hereunder shall be governed by the laws of the State of Colorado and venue for any Legal action arising under this Agreement shall be in Teller County, Colorado. 12. Entire Agreement. This Agreement embodies the wmplete Agreement between the Parties and shall not be modified or amended, except by the written agreemerrt of the Parties. l3. Govetrunental Immtmity. Nothing herein shall be construed as a waiver of any protections or immunities Sally may have under the Colorado Goveanmental hnmunity Act, C_R.S. § 2410-101, er seq_, as amended l4. Severability. If any provision of this Agreement is found by a court of competent .a.- jurisdiction to be unlawfixi or unenforceable for any reasory the remaining provisions hereofshadl remain in frill force and ei3?ect_ 13chibit~ page 2