Laserfiche WebLink
Either party may change the address to which notices are to be sent it by giving the other party <br />notice of the new address in the manner provided in this section. <br />(b) Severability. Each of the provisions of this Agreement shall be deemed <br />independent and severable. If any provision of this Agreement or the application thereof to <br />any person or circumstances is held invalid, the invalidity shall not affect other provisions or <br />applications of this Agreement, which shall be given effect without the invalid provisions or <br />applications. <br />(c) Term of Agreement; Runs With Land. The covenants, conditions and <br />restrictions of this Agreement shall constitute covenants running with the land, equitable <br />servitudes and administrative regulations governing the Site Location, in perpetuity. <br />(d) Amendment. Any provision, covenant, condition, restriction or equitable <br />servitude contained in this Agreement may be amended at any time by written agreement <br />signed by each of the parties hereto. <br />(e) Captions. All captions and titles used in this Agreement are intended <br />solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is <br />set forth in any paragraph, section or article hereof. <br />(f) Colorado Law to Apply; Jurisdiction and Venue. This Agreement is <br />intended to be performed in the State of Colorado and shall be construed under and interpreted <br />in accordance with the laws and judicial decisions of the State of Colorado, without giving <br />effect to principles of conflicts of laws. In the event of any dispute hereunder, the parties <br />consent to the jurisdiction of the Colorado courts located in either Weld or Adams County, <br />Colorado, and agree that venue in any such courts shall be proper. <br />(g) Attorneys' Fees and Costs. In the event of any dispute under this <br />Agreement, and in addition to any other relief to which the prevailing party may be entitled as <br />part of an arbitration award, the non-prevailing party shall pay the prevailing party its <br />reasonable attorneys' fees and costs incurred in the enforcement the Agreement. <br />(h) Singular Includes the Plural. Unless the context otherwise requires, the <br />singular shall include the plural, and the plural shall include the singular, and each gender <br />referral shall be deemed to include the masculine, feminine and neuter. <br />(i) Non-Waiver. Any forbearance or failure to enforce any provisions of <br />this Agreement shall not operate as a waiver of any such provision or of any other provision of <br />this Agreement or of any subsequent enforcement of such provision. <br />0) Authority To Execute. Each of the individuals executing this Agreement <br />in a representative capacity as trustee or otherwise represent and warrant that they have full <br />power and authority to execute this instrument on behalf of such trust or entity, all such power <br />and authority having been conferred upon them by either the terms of, or by such action as <br />may be required under, the trust instrument or other constituent document governing the same. <br />FL-LBDCAgreement-Sep2004.DOC