CT2015-174 Feasibility Study

• Contract/PO #: CT2015-174
• Contractor Name: Uncompahgre Valley Water Users Association
• Contract Type: Loan
• County: Montrose
• Loan Projects - Doc Type: Feasibility Study

Execution Version
Buyer shall be an additional insured party under Seller's liability insurance.Seller shall
provide a current certificate of insurance to Buyer.
13. TITLE:RISK OF LOSS:
As between the Parties, Seller 'shall be deemed to be In exclusive control (and
responsible for any damages.or injury Caused thereby)of ail Output pier to and atthe
Point of Delivery,and Buyer shall be deemed to-be in exclusive control land responsible
for any damages or injury caused thereby), of all Output from the Point of Delivery.
Seller-warrants that it will deliver all Output to Buyer free and dearof all liens created
by any Person other than Buyer.Title to and risk of loss as to all Output shall pass'froin
Seller to Buyer at the Point of Delivery.Notwithstanding the foregoing,title to and risk
of loss as to all Output shall not pass should Buyer be temporarily unable to receive`tlhe
Output due toe Curtailment Event.
14. WAIVER:
Failure to enforce or insist upon cot pliance with any of the terms or tonditions of this
Agreement shall not constitute a waterer or relinquishment of any such terms or
conditions unless stated in writing,but the terms or conditions of this Agreement shall
be and remain at all times in fullforce and effect,
15. GIOICtbFWV:
This Agreement shall be construed and'Interpreted In accordance vilth the laws of the
state of Colorado. An litigation arising oft of,or.relating to this went Mall be
brought in a state or.federal'court in the County of Montrose Iq the State of colo dlo.
The Parties iree' agree to'stilbni'iit to the exclusive jurisdiction of such cowtsln the
State of Colorado and Waive.any defense of forum non conveniens.
16. FORCE MAJEURE:
16.1 Neither Party`Shail be considered to be-in default of any of its ebilliatione under
this Agreement,except to-Make payments as specified herein,totheextenlr
a failure of perfornanceshall be due to Force Majeure.Force Majeure includes,
but is not restricted to;flood,earthquake,storm (including Wind stotI ),#ire,
lightning, epidermic, war, riot,rel disturbance or,dis_obedience,r labor ice,
labor or material shortage,sabotage,-restraint by court order or public authority,
and action or non-action by,or failure to obtain the hecessary author ens or
approvals from,any governmental agency or authority;as long as such everttla)
is not due to the fault of such Party,(b)by exercise of due diligence Such Party
could not reasonably have been expected to avoid and (c) by`eieercIse of due
diligence suet,Party Is unable to overcome.
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