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Letter Agreement shall be enforceable by or against the City of Colorado Springs on behalfof <br /> CS-U as provided in Colorado Springs City Code Section 2.1.108. In the event of any dispute <br /> overt e terms and conditions oft is Letter Agreement, the exclusive venue and jurisdiction for <br /> any litigation arising hereunder shall be in the District Court of El Paso County, Colorado, and, i <br /> necessary for exclusive federal questions, the United States District Court for the District o <br /> Colorado. <br /> 23. This Letter Agreement constitutes the entire agreement between the parties with <br /> respect tot e operation of the exchange concept for the purposes of the Pilot Project Application <br /> and sets forth the rights, duties, and obligations of each tot e other as oft is date. Any prior <br /> agreements,promises, negotiations, or representations related to operation oft e exchange <br /> concept that are not expressly set forth in this Letter Agreement or the Pilot Project Agreement <br /> e of no force and effect. <br /> 2 . Any notices required under this Letter Agreement shall be provided tot e other <br /> party in the manner described in paragraph 8 of the Pilot Project Agreement. <br /> 2 . It is expressly understood and agreed that enforcement of the terms and conditions <br /> of this Letter Agreement and all rights of action relating to such enforcement shall be strictly <br /> reserved to the parties. It is the express intention of the parties that any person other than the <br /> parties shall be deemedto be only an incidental beneficiary under this Letter Agreement, <br /> including the Super itch's members and shareholders. <br /> 26. No waiver of any of the provisions oft is Letter Agreement shall be deemed to <br /> constitute a waiver of any other of the provisions of this Letter Agreement, nor shall such waiver <br /> constitute a continuing waiver unless otherwise expressly provided herein, nor shall the waiver <br /> of any default hereunder be deemed waiver of any subsequent default hereunder. <br /> Sincerely, <br /> Earl Wilkinson, III <br /> Chief Water Services Officer <br /> Colorado Springs Utilities <br /> c; Gerry Knapp v <br /> VISION <br /> Megan utweln <br /> Abby Ortega <br /> Michael Gustafson <br /> David Robbins <br /> Matthew Montgomery <br /> x <br />