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or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of <br />the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this <br />Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the <br />City. <br />18. Miscellaneous. <br />(a) Intent of Agreement. This Agreement is intended to describe the rights and <br />responsibilities of and between the named parties and is not intended to, and shall not be deemed <br />to confer rights upon any persons or entities not named as parties or as authorized assigns, nor to <br />limit in any way the powers and responsibilities of Aurora, Lessee, or any other entity not a party <br />or assign hereto. <br />(b) Entire Agreement. This Agreement represents the entire agreement of the parties <br />and neither party has relied upon any fact or representation not expressly set forth herein. All <br />prior and contemporaneous conversations, negotiations, possible alleged agreements, <br />representations, covenants and warranties concerning the subject matter hereof, are merged in <br />this Agreement. <br />(c) Multiple Originals. This Agreement may be simultaneously executed in any <br />number of counterparts, each one of which shall be deemed an original, but all of which <br />constitute one and the same Agreement. <br />(d) Amendment. This Agreement may be amended, modified, changed, or terminated <br />in whole or in part only by written agreement duly authorized and executed by the parties hereto. <br />(e) Headings for Convenience. Headings and titles contained herein are intended for <br />the convenience and reference of the parties only and are not intended to confine, limit, or <br />describe the scope of intent of any provision of this Agreement. <br />(f) Governing Law and Venue. This Agreement and its application shall be <br />construed in accordance with the law of the State of Colorado. Should it be necessary to initiate <br />court proceedings concerning this Agreement, the parties agree that venue shall be in the District <br />Court for Arapaho County, Colorado. <br />(g) No Attorney Fees. In the event of any litigation, mediation, arbitration or other <br />dispute resolution process arising out of or related to this Agreement each party agrees to be <br />responsible for its own attorney and other professional fees, costs and expenses associated with <br />any such proceedings. <br />(h) No Construction Against Drafter. This Agreement was drafted by Aurora with <br />review and comment from the attorney for Lessee. Accordingly, the parties agree the legal <br />doctrine of construction against the drafter will not be applied should any dispute arise <br />concerning this Agreement. <br />(i) Non - Severability; Effect of Invalidity. Each Section in this Agreement is <br />intertwined with the others and are not severable unless by mutual consent of Aurora and Lessee <br />or as provided for below. If any provision or portion of this Agreement or the application thereof <br />9411 \310 \1539008.1 <br />7 <br />