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Nothing in this Agreement shall give or allow any claim or right or cause of action <br />whatsoever by any other person not included in this Agreement. It is the express <br />intention of the undersigned parties that no person and/or entity, other than the <br />undersigned parties, receiving services or benefits under this Agreement shall be deemed <br />anymore than an incidental beneficiary only. <br />0) No Waiver of Governmental Immunity. No term or condition of this contract <br />shall be construed or interpreted as a waiver, express or implied, of any of the immunities, <br />rights, benefits, protection, or other provisions for the parties, of the Colorado <br />Governmental Immunity Act, C.R.S. §24 -10 -101 et seq. or the Federal Tort Claims Act, 28 <br />U.S.C. 2671 et seq. as applicable, as now or hereafter amended. <br />IN WITNESS WHEREOF, the parties have executed this Conveyor Access Agreement as of <br />the date first above written. <br />LAFARGE WEST, INC. <br />a Delaware Corporation <br />APPROVED AS TO LEGAL FORM <br />By: A —d <br />City Attorney <br />ATTEST: <br />is � � I <br />t <br />`INNS <br />��`� \� M <br />BOYD IRRIGATION COMPANY oFC01 o? I , �`\`� <br />a Color non - profit C ration <br />By: <br />P i ent <br />AVAILABILITY OF FUNDS <br />_ am <br />Director E' <br />C <br />