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2009-03-17_PERMIT FILE - M2008078 (3)
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2009-03-17_PERMIT FILE - M2008078 (3)
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Last modified
8/24/2016 3:44:27 PM
Creation date
3/19/2009 3:57:32 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2008078
IBM Index Class Name
PERMIT FILE
Doc Date
3/17/2009
Doc Name
Adequacy Review 01 Response with Attachments
From
J&T Consulting, Inc.
To
DRMS
Email Name
MAC
Media Type
D
Archive
No
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EXHIBIT A <br />ADDENDUM <br />LAMAR, COLORADO UTILITIES BOARD ("LAMAR") <br />COMPANY - G P RANCHES, LLC <br />ADDITIONAL PROVISIONS: <br />1. STATUTORY ENTITY. Lamar, which is a municipal entity in the State of <br />Colorado, reserves all rights as a statutory entity, including governmental immunity as <br />provided by law. <br />2. APPROPRIATION. Any monetary obligation of Lamar payable after the <br />current fiscal year is subject to budget and appropriation as provided by law. <br />3. VENUE. Jurisdiction for any dispute under this agreement shall be <br />exclusively in the Prowers County, Colorado District Court sitting without jury in Lamar, <br />Colorado, and Lamar shall be awarded its attorney fees and costs if it is the substantially <br />prevailing party. <br />4. PUBLIC RECORD. In the event Lamar receives a public records demand <br />for copies of documents which may be confidential, or may otherwise be subject to non- <br />disclosure, Lamar may give written notice to Company. Company shall notify Lamar in <br />writing within 5 days of notification if any documents requested as a public record should <br />not be disclosed. Company shall indemnify and hold harmless Lamar for any public record <br />requests where the Company advises Lamar not to disclose such records, and Lamar <br />decides not to disclose such records. Lamar shall have the final decision whether to make <br />such disclosure. <br />5. INDEMNIFICATION. Company shall indemnify and hold harmless Lamar <br />against any and all claims, damages, liability, and court awards including costs, expenses, <br />and attorney fees incurred as a result of any act or omission by Company, and its <br />employees, agents, officers and representatives. <br />6. DEFAULT. In the event of a default, the defaulting party shall have 15 days <br />after receipt of written notice of default to cure such default or provide sufficient proof that <br />demonstrates that measures to correct default are diligently being taken. <br />7. LIABILITY. Because Lamar is a public entity, and is subject to statutory <br />limits on spending including funds which have been duly appropriated, Lamar and its <br />officers, agents, employees and representatives shall in no event be liable for damages to
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