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ADDENDUM <br />COUNTY - PROWERS COUNTY, COLORADO <br />COMPANY - JBS FIVE RIVERS RANCH CATTLE FEEDING LLC <br />ONAL PROVISIONS <br />1. STAI=RY COUNTY. Prowers County, Colorado, which is a statutory <br />county in the State of Colorado, reserves all rights as a statutory entity, including <br />governmental immunity as provided by law. <br />2. ,mod. Company may not assign this contract without the written <br />consent of Prowers County. <br />3. YUM. Jurisdiction for any dispute under this agreement shall be <br />exclusively in the Prowers County, Colorado District or County Court sitting without jury <br />in Lamar, Colorado, and the court shall award to Prowers County, if it is the substantially <br />prevailing party, its attorney fees, expert witness fees, court costs and any other litigation <br />expense. <br />4. APPROPRIATION. Any monetary obligation of Prowers County payable <br />after the current fiscal year is subject to budget and appropriation as provided by law. <br />5. PUBLIC RECORD. In the event Prowers County receives a public records <br />demand for copies of documents which may be confidential, or may otherwise be subject to <br />non-disclosure, Prowers County shall give written notice to Company. Company shall <br />notify Prowers County in writing within 3 days of receipt of notification if any documents <br />requested as a public record should not be disclosed. The Company shall indemnify and <br />hold harmless Prowers County for any public record requests where the Company advises <br />Prowers County not to disclose such records. <br />6. INDEMNIFICATION. Company shall indemnify, save, and hold harmless <br />Prowers County against any and all claims, damages, liability, and court awards including <br />costs, expenses, and attorney fees incurred as a result of any act or omission by the <br />Company, or its employees, agents, officers and representatives. <br />7. 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 />8. LIABILITY. Because Prowers County is a public entity, and is subject to <br />statutory limits on spending including funds which have been duly appropriated, Prowers <br />County and its officers, agents, employees and representatives shall in no event be liable for