Laserfiche WebLink
7. Indemnification: Everett agrees that Everett shall indemnify, defend and hold harmless the City, 9 <br /> its officers, employees and agents, from and against any and all loss, damage, injuries, claims, cause <br /> or causes of action, or any liability whatsoever resulting from, or arising out of, or in connection with <br /> Everett's obligations or actions under or pursuant to this Agreement. <br /> 8. Assignment: Everett shall not assign or otherwise transfer this Agreement or any right or <br /> obligation hereunder without the prior written consent of the City. <br /> 9. This Agreement is subject to and shall be interpreted under the law of the State of Colorado,and <br /> the Charter, City Code, Ordinances, Rules and Regulations of the City of Colorado Springs, <br /> Colorado, a Colorado Home Rule City. Court venue and jurisdiction shall exclusively be in the <br /> Colorado District Court for El Paso County, Colorado. The Parties agree that this Agreement shall <br /> be deemed to have been made in, and the place of performance is deemed to be in, the City of <br /> Colorado Springs, El Paso County, State of Colorado. Everett shall insure that Everett and Everett's <br /> employees, agents, officers and subcontractors are familiar with, and comply with, applicable <br /> Federal, State, and Local laws and regulations as now written or hereafter amended. <br /> 10. Appropriation and availability of funds. In accord with the Colorado Constitution, Article X, <br /> Section 20, and the City Charter, performance of the City's obligations under this Agreement is <br /> expressly subject to appropriation of funds by the City Council. Further, in the event that funds are <br /> not appropriated in whole or in part sufficient for performance of the City's obligations under this <br /> Agreement, or appropriated funds may not be expended due to Constitutional or City Charter <br /> spending limitations,then the City may terminate this Agreement without compensation to Everett. <br /> 11. Headings. The headings of the several articles and sections of this Agreement are inserted only <br /> as a matter of convenience and for reference and do not define or limit the scope or intent of any <br /> provisions of this Agreement and shall not be construed to affect in any manner the terms and <br /> provisions hereof or the interpretation or construction thereof. <br /> 12. Integration. This is a completely integrated Agreement and contains the entire agreement <br /> between the parties. Any prior written or oral agreements or representations regarding this <br /> Agreement shall be of no effect and shall not be binding on Everett or the City. Further, Everett and <br /> the City acknowledge and agree that this is a negotiated text agreement, and that as such no term <br /> shall be construed against the City as the author thereof <br /> 13. No Third Party Beneficiary. It is expressly understood and agreed that enforcement of the terms <br /> and conditions of this Agreement, and all rights of action relating to such enforcement, shall be <br /> strictly reserved to the Parties hereto, and nothing contained in this Agreement shall give or allow <br /> any such claim or right of action by any other or third person or entity on such Agreement. It is the <br /> express intention of the Parties hereto that any person or entity, other than the Parties to this <br /> Agreement, receiving services or benefits under this Agreement shall be deemed to be incidental <br /> beneficiaries only. <br /> 2 r06/304/rin sep 25 06/rm <br /> 8 <br />