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Agreement, jurisdiction and venue shall be proper and exclusive in the District Court in and for <br />Boulder County, State of Colorado. <br />17. Force maje . Central acknowledges that the availability of the Subject Water <br />provided for hereunder is dependent upon natural water resources that are variable in quantity of <br />supply, and which can be affected by causes beyond Longmont's control. Moreover, Longmont <br />shall not be liable for any delay or failure to perform its obligations under this Agreement caused <br />by an event or condition beyond the reasonable control of, and without the fault of Longmont, <br />including without limitation failure of facilities, flood, earthquake, storm, lightning, fire, <br />epidemic, contamination, war, terrorist act, riot, civil disturbance, labor disturbance, accidents,• <br />sabotage, or restraint by court or restrictions by other public authority which delays or prevents <br />performance (including but not limited to the adoption or change in any rule, policy, or <br />regulation or environmental constraints imposed by federal, state or local governments), which <br />Longmont could not reasonably have avoided by exercise of due diligence and foresight, Upon <br />the occurrence of such an event or condition, the obligations of Longmont under this Agreement <br />shall be excused and suspended without penalty or damages, provided that Longmont shall give <br />Central written notice describing the particulars of the occurrence or condition, the suspension of <br />performance is of no greater scope and of no longer duration than is required by tho event or <br />condition, and Longmont proceeds with reasonable diligence to remedy its inability to perform <br />and provides progress reports to Central describing the actions taken to remedy the consequences <br />of the event or condition. <br />18. Ind Wndent contractors. Both Parties shall perform all services under this <br />Agreement as independent contractors, and not as an agent or employee of the other Party. No <br />official or employee of Longmont shall supervise Central. No official or employee of Central <br />shall supervise Longmont. Neither Party shall represent that it is an employee or agent of the <br />other Party in any capacity. Neither Party owes tho other party a fiduciary duty pursuant to the <br />terms or conditions of this Agreement. Neither Party has any right to Workers <br />Compensation benefits from the other Party or its insurance carriers or funds. Central <br />shall pay and federal and state income tax on money earned under this Agreement. <br />19. No continuing dutxto supply water. Longmont shall have no obligation to supply <br />water to Central after this Agreement expires or is otherwise terminated. By agreeing to deliver <br />water to Central under this Agreement, Longmont does not intend to represent itself as a public <br />utility to Central or others in such regard nor shall it be deemed to operate as a public utility. <br />Ceignd-uh-dlimtwgerrdmtL-mvnuatiywlmbit"thtt yby musorrofdeifvurhWwaiurpu <br />this Agreement, nor that it is subject to regulation as a public utility or subject to regulation by <br />the Colorado Public Utilities Conunission or to rate regulation by any other public entity. <br />20. Countemarts. This Agreement may be executed in any number of counterparts, <br />each of which shall be doomed an original, and all of which shall constitute one and the same <br />Agreement. Facsimile signatures shall be acceptable and binding upon all Parties. <br />21. eaI dingo. All paragraph headings used herein are for the convenience of the <br />Parties and shall have no meaning in the interpretation or effect of this Agreement. <br />22. j`Te tiated provisions. This Agreement shall not be construed more strictly <br />Page 8 of 12 <br />