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CW04017 <br />d. Water Qualiiy. The River District shall have no obligation to Contractor or any <br />othez person regarding, and makes no warranties or representa.tions to Contractor <br />concerniug, the quality of Contracted Water delivered pursuant to this Contract. <br />e. Withh.olding of Delivery. The River District may withhold deliveries of <br />Contracted Water in the event of Contractor's non-delivery of Wolford Mountain <br />water or any other breach of this Contract by Contractox. Such remedy shall not <br />be the River District's exclusive remedy in the event of any such breach. <br />2. Contractor's Water Use Obligatians and Responsibilities. <br />a. Schednling of Use. Contractor shall provide the River District a preliminary <br />written schedule of its anticipated monthl.y demands for Contracted Water durimg <br />each Project Year. The schedule provided by Contractor shaU sexve as the <br />schedule to be used until it is mod.ified in a varitten notice given by Contractor to <br />the River District, or as necessary in zesponse to river administration of the <br />Contractor's diversions. The schedule shall identify the volume of any <br />Contracted Water anticipated by Contra.ctor not to be needed by it during any <br />particulaz Project Yeaz. Contractor shall update said schedule periodically during <br />the Project Year as conditians require and give the Rzver District written notice of <br />a.ll such revisions. <br />b. Carriage Lasses. Coniractor shaU bear any carriage losses assessed from the point <br />of delivery of Contracted Water to Contractor's point(s) of use and/or exchange or <br />aub•mentation. <br />c. Use Per Contract and Law. Contractor's use of Contzacted Water shall in. all <br />instances be in accordance with the tezms of this Contract, the VJater Mazketing <br />Policy and the MOA and in accordance with Colorado law concerning water <br />rights and water use and all decrees xelated to the Contracted Water. Contractor is <br />not anthorized to apply for or secure any change in the water rzghts for or <br />associated with'ariy of the sources of supply of the Contracted Water. <br />d. LeQal Approvals. Contractor shaU at its sole expense acljudicate a plan or plans <br />for augmentation or exchange and/or secure adrninistrative approvals of any <br />_ temporazy substifirte supply plans which are needed for Contractor to use, reuse or <br />successively use its Contracted Water, including, without limitation, Contactor's <br />decree in Water Court, Water Division No. 5, Case No.95CW122. If Contractox <br />intends to make any such additional applications for any augmentation or <br />exchange plan(s) or substitute supply plan(s), Contractor shali submit the <br />proposed application to the R.iver District within a reasonable time before <br />Contractar proposes to file such application. The River District shall review for <br />written approval snch appIications before they are submitted or filed, and the <br />River District's $pproval shall not be urueasonably withheld. Contractor shaU