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10.3. The Parties will fulfill their obligations under this Agreement in compliance with <br /> all applicable laws and with the highest standards of integrity,fair dealing,respect and <br /> ethics.The Parties will fulfill their obligations under the Agreement without <br /> discriminating,harassing,or retaliating on the basis of race,color,national origin, <br /> ancestry,sex,age,pregnancy status,religion,creed,disability,sexual orientation, <br /> genetic information, spousal or civil union status,veteran status,or any other status <br /> protected by applicable law. <br /> 10.4. In accordance with the Colorado Springs City Charter,performance of CS-U's <br /> obligations under this Agreement are expressly subject to appropriations of funds by the <br /> City Council. In the event funds are not appropriated in whole or in part sufficient for <br /> performance of CS-Us obligations under this Agreement,or appropriated funds may not <br /> be expended due to City Charter spending limitations,then this Agreement shall <br /> thereafter become null and void by operation of law,and CS-U shall thereafter have no <br /> liability for compensation or damages to the Super Ditch in excess of CS-U's authorized <br /> appropriation for this Agreement or the applicable spending limit,whichever is less. <br /> 10.5. Notwithstanding any language in this Agreement or any representation or <br /> warranty to the contrary,none of the Parties shall be deemed or constitute a partner,joint <br /> venturer or agent of the other Parties. Any actions taken by the Parties pursuant to this <br /> Agreement shall be deemed actions as an independent contractor of the other. <br /> 10.6. Nothing in this Agreement or in any actions taken by the Parties pursuant to this <br /> Agreement shall be construed or interpreted as a waiver,express or implied,of any of <br /> the immunities,rights,benefits,protections or other provisions of the Colorado <br /> Governmental Immunity Act, Section 24-10-10 1,et seq.,C.R.S.,as from time to time <br /> may be amended. <br /> 103, This Agreement shall inure to and be binding on the heirs,executors, <br /> administrators,successors,and assigns of the Parties. It is expressly understood and <br /> agreed that enforcement of the terms and conditions of this Agreement and all rights of <br /> action relating to such enforcement shall be strictly reserved to the Parties. It is the <br /> express intention of the Parties that any person other than the Parties shall be deemed to <br /> be only an incidental beneficiary under this Agreement,including the Super Ditch's <br /> members and shareholders. <br /> 10.8. Neither this Agreement,nor either Party's rights and obligations under this <br /> Agreement shall be assignable, except on mutual written agreement of the parties. <br /> 10.9. This Agreement may not be amended,altered,or otherwise changed except by a <br /> subsequent written agreement by the Parties. <br /> 10.10, This Agreement shall be construed in accordance with the laws of the State of <br /> Colorado(without reference to conflicts of laws)and to the extent necessary to <br /> recognize the legal organization of CS-U, the Colorado Springs City Charter,Colorado <br /> Springs City Code,City ordinances and resolutions,and City rules and regulations. In <br /> the event of litigation, this Agreement shall be enforceable by or against the City of <br /> Colorado Springs on behalf of CS-U as provided in Colorado Springs City Code <br /> 9 <br /> Exhibit A <br />