REV13140 - Laserfiche WebLink

Home Browse Search

Z4-Jul-2007 10:45 AM Asphalt Paving 3032796216 i n 4. Third Parties. This Agreement does not and shall not be deemed to confer upon any thud puty any right to claim damages to bring suit, or other proceeding against either the Owners or Alpine Roclc because of any term contained iu this Agreement. 5. Assignment. This Agreement is for personal services predicated upon the pazties' respective special abilities or Imowledge, end, except as otherwise specifically provided for herein, neither patty shall assign this Agreement in whole or in part without prior written consent of the County. 6, Entire Agreement. This Agreement constitutes the entire agi~eement and understanding between the parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. 7. Modification. This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto. 8. Severability. If any of the provisions of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the party shall be construed and enforced accozdingly, to effectuate the essential intent and proposes of this Agreement. 9. Intemretation. The validity, interpretation and effect of this Agreemont shall be , determined under Colorado law. All actions arising duectly or indrrectly as a result or in consequence of this Agreement shall be instituted and litigated only in courts having situs in Summit County, Colorado. Any provision found to be invalid or unenforceable shall have no effect upon. the validity of any other section of this contract. 10. Effective Date. The effective date of this Agreement shall be the date first written above regardless of the date when the Agreement is actually signed by the parties. 11. Authorization. Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and perform the duties and obligations herein. 12. Attorneys Fees. Tf an. action is brought to enforce this Agreement, the prevailing parry shall be entitled to costs and reasonable attorney's fees. 13. Governmental Immunity. The Owners do not intend to waive by any provision of this Agreement, the monetary limits or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et se ., C.R.S. 5 IN WITNESS WAEREOF, the parties have caused their duly authorized representatives to sign this AGREEMENT as of the date first written above.