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DWR_3538977
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DWR_3538977
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Entry Properties
Last modified
12/26/2020 9:18:56 PM
Creation date
12/6/2019 1:34:52 PM
Metadata
Fields
Template:
Division Filing
Document Date
8/16/2019
Document Type - Division Filing
Report/Study
Division
2
WDID
1707701
Subject
PILOT PROJECT - COLORADO SPRINGS UTILITIES SUPER DITCH HB1248 PILOT PROJECT APPLICATION 2019
Outside Send/Recipient
CRIAG LIS, MARTIN AND WOOD ON BEHALF OF COLORADO SPRINGS AND SUPER DITCH
Tags
DWR Re-OCR
Description:
Signifies Re-OCR Process Performed on or after 10/6/2019
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Electronic Mail Address: <br /> mgustafsoti(q),springsgov.com <br /> 8.2. Any Party may change the above addresses for any reason by providing notice in writing <br /> to the other Party. <br /> 9. Enforcement and Termination <br /> 9.1.This Agreement may be terminated only as described herein,or upon mutual agreement <br /> of the Parties. <br /> 9.2. It is specifically understood that,by executing this Agreement,each Party commits itself <br /> to perform pursuant to the terms and conditions contained herein and that the failure of <br /> any Party to fulfill any obligation set forth herein shall constitute a breach of this <br /> Agreement, The Parties agree that this Agreement may be enforced in law or in equity <br /> for specific performance,injunctive,or other appropriate relief,as may be available <br /> according to the laws and statutes of the State of Colorado. A Party may terminate this <br /> Agreement based on the other Party's breach of a material term or condition of this <br /> Agreement,upon providing thirty(30)days written notice of such breach to the other <br /> Party, if the breaching Party fails to cure the breach within ninety(90)days of the date it <br /> receives notice of breach from the other Party. <br /> 9.3.Either Party shall be excused from performing its obligations under this Agreement <br /> during the time and to the extent that it is prevented from performing by a cause beyond <br /> its control, including,but not limited to,any incidence of fire, flood,or strike;acts of <br /> God;acts of the Government(except the Parties hereto);war or civil disorder; violence <br /> or the threat thereof,severe weather; commandeering of material,products,plants,or <br /> facilities by the federal,state,or local government(except the Parties hereto); or national <br /> fuel shortage,when satisfactory evidence of such cause is presented to the other Parties, <br /> and provided further,that such nonperformance is beyond the reasonable control of,and <br /> is not due to the fault or negligence of,the Party not performing. <br /> 9.4. Either Party may terminate this Agreement without cause by providing the other Party <br /> with notice of such termination prior to December I of the year before the current ten- <br /> year period of the Agreement is set to expire. Such termination shall be effective as of <br /> the date the current ten-year period expires. <br /> 10. Miscellaneous <br /> 10.1. Except as expressly provided hereunder,each Party shall bear its own fees and <br /> expenses incurred in the formation of this Agreement. <br /> 10.2. No provision,covenant or agreement contained in this Agreement,nor any <br /> obligations herein imposed upon CS-U shall constitute or create an indebtedness or debt <br /> of CS-U or the City of Colorado Springs within the meaning of any Colorado <br /> constitutional provision or statutory limitation. <br /> Exhibit A <br />
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