Laserfiche WebLink
<br />-J 5. No Sate of Water Rights. No semi of this Agte~t shall be construed to be a sale, <br />lease or transfer of any water rights owned by Seller. <br />6. No Wauaaties. SELLER MAKES NO REPRESEA'TATIONS OR WARRANTIES, <br />AND HEREBY DISCLAIMS ANY RF~RESENTATIONS OR WARRANTIES REGARDING <br />ITS WATER OR ITS PERFORMANCE UNDER THIS AGREIr.NiENT, INCLUDING <br />{WITHOUT LIlUIITATION) ANY IIuIl'LIEI3 WARRANTIES OF MERCHANTABILITY OR <br />FITNESS FOR A PARTICULAR PURPOSE OR ANY IIvIPL1ED WARRANTY ARISING <br />OUT OF COURSE OF PEFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. <br />THE WATER DELIVERED BY SELLER IS DELIVERED "AS IS" <br />7. Limitation of Liability. 1N NO EVENT SHALL SELI,F.R BE LIABLE TO BUYER <br />FOR ANY CONSEQUEN77AL, INCIDEIJTAI., SPECIAL OR OTHER INDIRECT <br />DAMAGES (INCLUDIlVG, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF <br />OR IN CONNECTION WITH THIS AGREEMENT OR ITS PERFORMANCE HEREUN-DER. <br />IN NO EVENT SHALL THE AGGREGATE LIABII.TTY OF SELLER ARISING OUT OF OR <br />IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED DOLL.~.RS <br />(S 100). <br />8. lademnification. Buyer agrees to indemnify, hold harraIess and defend Salle;; its agents, <br />assigns, employees, officers; and officials from and against all cleans, demands, Liabilities, suits, <br />judgments and decrees, losses and costs and expenses of nay Idnd or name whatsoever on <br />---. account of claims or demands arising out of Buyer's operations pursuarrt to this Agreement; <br />~ regardless of where such claim arose. <br />9. Insurance. Buyer shall proctae and maiataat at its sole sad exclusive expense insurance <br />wverage, including comprehensive liability, personal injtay, and propeaty damage, with <br />minimum combined single Limits of one million dollars (51,00(},000) each occurrence and one <br />million dollars {$2,000,oI)flj general aggregate. <br />10. Agreement Binding. The teens and provisions of this Agreement shall be binding upon <br />and inure to the benefit of the Parties and their respective heirs, personal representatives, <br />successors and assigns. <br />1 1. CLoverning Law and Venue. This Agreement and the rights and obligations of the Parties <br />hereunder shall be governed by the laws of the State of Colorado and vemte for any Legal action <br />arising under this Agreement shall be is Teller Comity, Colorado. <br />i 2. Entire Agreement. 'This Agreement embodies the complete Agreement between the <br />Parties and shall not Ire modified or emanated, except by the written agreement of the Partite. <br />13. Govermttental Immtmity Nothing hetniri shall be oonstrned as a waiver of arty <br />protections or immunities Seller may have undea the Colorado Goveanmeaztal Immunity Act, <br />C.R.S. § 2410.101, er seq_, as amended. <br />I4. Severability. If any provision of this Agreement is found by a comrt of competent <br />i- jurisdiction to be rurlawful or uacarforceable for any zs;ason, the n~naining provisions hereof shall <br />remain in full force and effect. <br />I:Sthibit2 e'~9'e ~ <br />