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;~t~`t~tT ~. <br />--J 5. No Sale of Water Rights. No term of this Agree~tt shall be construed to be a sale; <br />lease 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 TTS PERFORMANCE UNDER THIS AGREEMENT, TNCT,UDING <br />(WITHOUT LIMITATION) ANY .IMPLIED WA,RRAIVTIES OF MERCHANTABILITY OR <br />FITNESS FOR A PARTICULAR PURPOSE OR ANY IIvIIrLIED 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. IN NO EVENT SHALL SELLER $E LIABLE TO BUYER <br />FOR ANY CONSEQUENITAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT <br />DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF <br />OR IN CONNECTION WITH THLS AGREEMENT OR TTS PERFORMANCE HEREUN-DER. <br />IN NO EVENT SHALL TAE AGGREGATE LIABILITY OF SELLER ARISING OUT OF OR <br />IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS <br />($ I00}. <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 />judgments and decrees, losses and costs and expenses of any Iond or nature whatsoever on <br />account of claims or danands arising out of Buyer's opeaations pursuant to this Agreement, <br />a'' regardless of where such claim arose. <br />9. Insurance. Buyer shaA procure and maintain at its sole snd exclusive expense inc+m+nce <br />coverage, including comprehensive liability, personal injury, and property damage, with <br />minimum combined single Limits of one million dollars (SI;000,000) each occurrence and one <br />million dollars ($2,000,OOOj general aggregate. <br />10. Anent Bindin¢. The terms and provisions of this Agreement shaII be binding upon <br />and inure to the benefit of the Patties and their respective heirs, personal representatives, <br />successors and assigns. <br />11. Govenung Law sad 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 venue for any legal action <br />arising under this Agreement shall be in Teller County, Colorado. <br />12, $3tlire A~recanent This Agreement embodies the complete Agreement between the <br />Parties and shall not be modified or amended, exc~t by the written agreemetrt of the Parties. <br />13. Govetmmental Immunity. Nothing herein shaft be construed as a waiver of any <br />protections or itnmurtities Boller may have under the Colorado Governmental Immunity Act, <br />C_R.S. § 2410.101, et seg_, as amended. <br />14. Sevaability. If any provision of this Agreement is found by a court of competent <br />V.~ jiuisdiction LO be unlawful or unenforceable for any reason, the remajT~ ~ ~ovisions hereof sba~l <br />remain in full force and effect <br />~Itibit2 pacpe 2 <br />