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Flood, either by placing additional fill material to raise the structure above <br />such potential flood waters or by erecting additional berms. <br />5. In the event of a 100-year flood, Varra shall indemnify and hold harmless <br />Landowners and their tenants occupying the Property from any and all <br />losses occurring from flood damage to any structure or personal property <br />located on the Property. Such indemnification shall continue until Varra <br />completes any work to be performed under the Final Flood Control <br />Mitigation Plan. <br />6. This Agreement represents the entire agreemcnt between the parties. Any <br />changes hereto shall be in writing and executed by all parties. <br />7. This Agreement shall be construed according to the laws of the State of <br />Colorado. <br />8. Landowners agree to reasonably cooperate with Varra in obtaining any <br />permits and/or certifications required by this Agreement, and in allowing <br />access to the Property for the perfonnance of any work required hereto <br />9. This Agreement may be executed in counterparts. Facsimile signatures <br />shall be accepted as if they were originals. <br />10. The covenants and agreements set forth herein shall bind, and the rights <br />hereunder inure to, the respective successors and assigns of the parties. <br />11. In the event either party breaches this Agreement, the parties hereby agree <br />and acknowledge that injunctive relief shall be the best and most <br />appropriate remedy to enforce the teens of this Agreement. However, <br />such acknowledgement does not prevent either party from recovering <br />monetary damages in the event of a breach of this Agreement. [n the <br />event either party initiates a civil action to enforce the terms of this <br />Agreement, the prevailing party shall be entitled to recover all costs <br />associated therewith, including reasonable attorney's fees. <br />