Laserfiche WebLink
..; X /-t°.1 ~ lam- Fa <br />5. No Sale of Water Rights. No tear of this Agreement shall be construed to be a sale, <br />]ease or transfer of any water rights owned by Seller. <br />6. No Warranties. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, <br />AND HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING <br />ITS WATER OR TfS PERFORMANCE UNDER THIS AGREEMENT, NCLUDING <br />(WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILTTY OR <br />FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED 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 Liabiliri. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER <br />FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT <br />DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF <br />OR IN CONNECTION WITH THIS AGREEMENT OR ITS PERFORMANCE HEREUNDER. <br />IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SELLER ARISING OUT OF OR <br />IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS <br />($100). <br />8. Indemnification. Buyer agrees to indemnify, hold harmless and defend Seller, its agents, <br />assigns, employees, officers; and officials from and against all claims, demands, liabilities, suits, <br />judgnents and decrees; losses and costs and expenses of any kind or nature whatsoever on <br />account of claims or demands arising out of Buyer's operations pwsuant to this Agreement; <br />regardless of where such claim arose. <br />9. Insurance. Buyer shall procwe and maintain at its sole and exclusive expense inswance <br />coverage; including comprehensive liability, personal injury, and property damage. with <br />minimum combined single limits of one million dollars ($1;000,000) each occurrence and one <br />million dollars ($2,000,OOOj general aggregate. <br />10. Agreement Binding. The terms and provisions of this Rgreement shall be binding upon <br />and inwe to the benefit of the Parties and their respective heirs, personal representatives, <br />successors and assigns. <br />1 1. Governing_Law and Venue. This Ageement and the rights and obligations of the Parties <br />hereunder shall be governed by the laws of the State of Colorado and venue for any legal action <br />arising under this Ageement shall be in Teller County, Colorado. <br />12. Entire Agreement. This Agreement embodies the complete Ageement between the <br />Parties and shall not be modiSed or amended, except by the written ageement of the Parties. <br />13. Governmental Immunih~. Nothing herein shall be construed as a waiver of any <br />protections or immunities Seller may have under the Colorado Governmental Immunity Act. <br />C.R.S. § 2420-101, erseg., as amended. <br />14. Severabi]ity. If any provision of this Ageement is found by a court of competent <br />jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall <br />remain in full force and effect <br />btlribit2 page 2 <br />