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9.2 No Waiver of Governmental Immunity: Nothing in this Agreement shall
<br />be construed to waive, limit, or otherwise modify any governmental
<br />immunity that may be available by law to the County, its officials,
<br />employees, contractors, or agents, or any other person acting on behalf
<br />of the County and, in particular, governmental immunity afforded or
<br />available pursuant to the Colorado Governmental Immunity Act, Title 24,
<br />Article 10, Part 1 of the Colorado Revised Statutes.
<br />9.3 Binding Effect: The parties hereto agree that this Agreement, by its
<br />terms, shall be binding upon the successors, heirs, legal representatives,
<br />and assigns thereof and shall constitute covenants running with the
<br />described properties. To the extent permitted by law, the Applicant and
<br />all future successors, heirs, legal representatives, and assigns of the
<br />Applicant shall be jointly and severally responsible for all terms,
<br />conditions, and obligations set forth in this Agreement. The County may,
<br />at its discretion, record this Agreement with the Clerk and Recorder for
<br />Park County.
<br />9.4 No Third Party Beneficiaries: It is expressly understood and agreed that
<br />enforcement of the terms and conditions of this Agreement, and all rights
<br />of action relating to such enforcement, shall be strictly reserved to the
<br />County and Applicant, and nothing contained in this Agreement shall give
<br />or allow any such claim or right of action by any other third person on
<br />such Agreement. It is the express intention of the County and Applicant
<br />that any person other than the County or Applicant receiving services or
<br />benefits under this Agreement shall be deemed to be an incidental
<br />beneficiary only.
<br />9.5 Governing Law, Venue, And Enforcement: This Agreement shall be
<br />governed by the laws of the State of Colorado. Venue for any action
<br />arising from this Agreement shall lie with any appropriate court within
<br />Park County, Colorado, or any appropriate court of appeal from such Park
<br />County court.
<br />9.6 Attorneys' Fees: If the Applicant breaches this Agreement, the Applicant
<br />shall pay the County's reasonable costs of collection and costs and
<br />attorney's fees incurred in the enforcement of the terms, conditions, and
<br />obligations of this Agreement whether or not legal proceedings are
<br />instituted.
<br />9.7 Assignment And Release: All or part of the rights, duties, obligations,
<br />responsibilities, or benefits set forth in this Agreement shall not be
<br />assigned by the Applicant without the express written consent of the
<br />Board of County Commissioners for Park County. Any such written
<br />assignment shall expressly refer to this Agreement, specify the particular
<br />rights, duties, obligations, responsibilities, or benefits so assigned, and
<br />shall not be effective unless approved by resolution or motion of the
<br />Board of County Commissioners. No assignment shall release the
<br />Applicant from performance of any duty, obligation, or responsibility
<br />unless such release is clearly expressed in such written document of
<br />assignment. Prior to approving any release of the Applicant, the County
<br />may, at its sole discretion, require the party assuming any duty,
<br />obligation, or responsibility of the Applicant to provide to the County
<br />written evidence of financial or other ability or capability to meet the
<br />particular duty, obligation, or responsibility being assumed by the party.
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