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11. Headings. Paragraph headings used in this Lease are for convenience of reference <br />and shall in no way control or affect the meaning or interpretation of any provision of this Lease. <br />12. Assignability. Lessee shall not assign this Lease 'without the City's prior written <br />consent. <br />13. Binding Effect. This Lease shalt be binding upon, and shall inure to the benefit <br />o the parties hereto and their respective heirs, personal representatives, successors, and assigns. <br />14. Entire Agreement. This Lease contains the entire agreement of the parties <br />relating to the subject matter hereof and, except as provided herein, may not be modified or <br />amended except by written agreement of the parties. <br />15. Compliance with Article XXVIII of the Colorado Constitution. If and only to the <br />extent this Agreement constitutes a "sole source government contract" within the meaning of <br />Article XXVIII of the Colorado Constitution ( "Article XXVIII "), then the provisions of Sections <br />15 through 17 of Article XXVIII ( "Amendment 54 ") are hereby incorporated into this <br />Agreement, and the parties hereto shall comply with the provisions of Amendment 54. In such <br />case, for purposes of this Agreement, Lessee shall constitute a "contract holder" for purposes of <br />Amendment 54, as shall any additional persons, officers, directors, or trustees related to Lessee <br />who qualify as "contract holders" pursuant to the definition set forth in Article XXVIII. In <br />addition, if and only to the extent this Agreement constitutes a "sole source government <br />contract," Lessee hereby certifies that it is not ineligible to hold any "sole source government <br />contract" pursuant to Amendment 54 or any contract thereunder, and Lessee hereby agrees to <br />notify City immediately if, at any point during the term of this Agreement, Lessee shall become <br />ineligible to hold any "sole source government contract" pursuant to Amendment 54 or any <br />contract thereunder. If any provision or provisions of Amendment 54 are held to be <br />unconstitutional or otherwise invalid by a court of competent jurisdiction in a non- appealable <br />action, have been repealed retroactively or otherwise do not apply to this Agreement, such <br />provision or provisions shall no longer be incorporated into this Agreement, and the parties <br />hereto shall have no obligations under such provision or provisions. <br />IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first <br />above written. <br />A`IjTEST: <br />City Clerk <br />CITY OF LOVELAND, COLORADO <br />Ralph i ullinix <br />Department of Water and Power <br />g e‘�OLOV . . . .. <br />L <br />SEAL <br />r <br />�'1i O R ;0° <br />