Laserfiche WebLink
laws and statutes oft e State of Colorado. A party may terminate this Letter Agreement based on <br /> the other party's breach of a material term or condition, upon providing thirty (30) days written <br /> notice of such breach tothe other party, if the breaching party fails to cure the breach within <br /> ninety(90) days of the date it receives notice of breach from the other party. <br /> Either Party shall be excused from performing its obligations under this Agreement <br /> during the time and tothe extent that it is prevented from performing by a cause beyond its <br /> control, including, but not limited to, any incidence of fire, flood, or strike; acts of God; acts of <br /> the Government (except the parties hereto); war or civil disorder; violence or the threat thereof; <br /> severe weather; commandeering of material, products, plants, or facilities by the federal, state, or <br /> local government (except the parties hereto); or national fuel shortage, when satisfactory <br /> evidence of such cause is presented tothe other parties, and provided further, that such <br /> nonperformance is beyond the reasonable control of, and is not due to the fault or negligence of, <br /> the party not performing. <br /> 16. 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 of CS-U <br /> or the City of Colorado Springs within the meaning of any Colorado constitutional provision or <br /> statutory limitation. <br /> 17. 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 City <br /> Council. In the event funds are not appropriated in whole or in part sufficient for performance of <br /> CS-U's obligations under this Agreement, or appropriated funds may not be expended due to <br /> City Charter spending limitations, then this Agreement shall thereafter become null and void by <br /> operation of law, and CS-U shall thereafter have no liability for compensation or damages tothe <br /> Super Ditch in excess of CS-U's authorized appropriation for this Letter Agreement or the <br /> applicable spending limit, whichever is less. <br /> 18. Notwithstanding any language in this Letter Agreement or any representation or <br /> warranty to the contrary, none oft e parties shall be deemed or constitute a partner,joint <br /> venturer or agent of the other parties. Any actions taken byte parties pursuant to this Letter <br /> Agreement shall be deemed actions as an independent contractor oft e other. <br /> 19. Nothing in this Letter Agreement or in any actions taken by the parties pursuant to <br /> this Agreement shall be construed or interpreted as a waiver, express or implied, of any oft e <br /> immunities, rights,benefits, protections or other provisions oft e Colorado Governmental <br /> Immunity Act, Section 24-10-10 1, et seq., C.R.S., as from time to time may be amended. <br /> 20. Neither this Letter Agreement, nor either party's rights and obligations under this <br /> Letter Agreement shall be assignable, except on mutual written agreement of the parties. <br /> 21. This Letter Agreement may not be amended, altered, or otherwise changed except <br /> by a subsequent written agreement by the parties. <br /> 22. This Letter Agreement shall be construed in accordance with the laws of the State <br /> of Colorado (without reference to conflicts of laws) and to the extent necessary to recognize the <br /> legal organization of CS-U, the Colorado Springs it Charter, Colorado Springs City Code, <br /> City ordinances and resolutions, and City rules and regulations. In the event of litigation, this <br /> 5 of 7 <br />