2012-04-18_HYDROLOGY - M1999069 - Laserfiche WebLink

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11. Headings. Paragraph headings used in this Lease are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this Lease. 12. Assignability. Lessee shall not assign this Lease without the City's prior written consent. 13. Binding Affect. This Lease Shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, personal representatives, successors, and assigns. 14. Entire Agreement. This Lease contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. 15. Compliance with Article XXVIII of the Colorado Constitution. If and only to the extent this Agreement constitutes a "sole source government contract" within the meaning of Article XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions of Sections 15 through 17 of Article XXVIII ( "Amendment 54 ") are hereby incorporated into this Agreement, and the parties hereto shall comply with the provisions of Amendment 54. In such case, for purposes of this Agreement, Lessee shall constitute a "contract holder" for purposes of Amendment 54, as shall any additional persons, officers, directors, or trustees related to Lessee who qualify as "contract holders" pursuant to the definition set forth in Article XXVIII. In addition, if and only to the extent this Agreement constitutes a "sole source government contract," Lessee hereby certifies that it is not ineligible to hold any "sole source government contract" pursuant to Amendment 54 or any contract thereunder, and Lessee hereby agrees to notify City immediately if, at any point during the term of this Agreement, Lessee shall become ineligible to hold any "sole source government contract" pursuant to Amendment 54 or any contract thereunder. If any provision or provisions of Amendment 54 are held to be unconstitutional or otherwise invalid by a court of competent jurisdiction in a non-appealable action, have been repealed retroactively or otherwise do not apply to This Agreement, such provision or provisions shall no longer be incorporated into this Agreement, and the parties hereto shall have no obligations under such provision or provisions. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year first above written. ATTEST: City Clerk CITY OF LOVELAND, COLORADO Ralph 1 iillinix oititi Department of Water and Power 1 ( L 0 00 ANN ECE1'VE - MAR 19 2012 t:s:1ER R SG n' S STATE E 4GI R COL