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4 . <br /> 8. Pueblo City Charter Provision. This Lease involves the use of water outside the territorial limits <br /> of the City of Pueblo and is specifically limited by the provisions of the City Charter governing <br /> such use. The Charter provides,among other things,that: "The Board of Water Works shall <br /> have and exercise all powers which are granted to Cities of the First Class by the Constitution <br /> and laws of the State of Colorado,except the power to levy and collect taxes directly or <br /> indirectly. Surplus water may be supplied to territories outside the City until same is needed by <br /> the inhabitants of the City." <br /> 9. Determination of Water Availability by the Board. The extent to which limitations on water <br /> delivery outside the City of Pueblo is,or may be,necessary to enable the Board to provide <br /> adequately for users inside the City of Pueblo is a fact to be determined by the Board in the <br /> exercise of its reasonable discretion from time to time as the circumstances may require. <br /> 10. Interruption of Water Supply Beyond the Board's Control. The Board has determined that the <br /> welfare of City of Pueblo requires a stable water supply not only for its inhabitants but also for <br /> the other customers of the Board putting to beneficial use the water belonging to the Board. <br /> While it is the Board's purpose to maintain a water supply adequate to meet the needs of the <br /> metropolitan area logically dependent on the Board for water supply and to permit it to supply <br /> other temporary contract customers,there are many elements that make it uncertain whether the <br /> water supply can always be adequate for all such users. Both parties to this Lease recognize that <br /> the water supply for the Board and its water customers is dependent upon sources from which <br /> the supply is variable in quantity and beyond the control of the Board. The Board is not liable in <br /> tort or contract under this Lease on account of any failure to accurately anticipate availability of <br /> water supply or because of an actual failure to supply water due to inadequate runoff or <br /> inadequate storage,or any conditions arising from an occurrence beyond the reasonable control <br /> of the Board,including,but not limited to,act of God,strike,war,insurrection,or inability to <br /> serve arising out of the order of any court,or the lawful order of any governmental <br /> administrative body or agency clothed with authority to regulate matters pertaining to water, <br /> public utilities,public health,or pollution control. <br /> 11. Emergency-Water Shortages. The parties agree-that;-from time to-tiuneemergencysituations <br /> may arise where it is necessary for the Board to limit the use of water by extra-territorial <br /> contract customers. The parties agree that the necessity for such limitation is a fact to be <br /> determined by the Board in the exercise of its reasonable discretion from time to time,as <br /> occasion may require. It is hereby agreed that the Board may adopt,in the situation of shortage, <br /> such reasonable restrictions on uses or priorities for curtailment of use,as may be necessary to <br /> adapt to such emergency conditions or shortage,including reductions in water deliveries under <br /> this Lease. Lessee agrees that the Board is not liable in tort or contract under this Lease on the <br /> account of the necessity for adopting and implementing such policies to meet emergency <br /> conditions or shortage. In the event that the Board is unable to make the deliveries of water to <br /> Page 2 of 5 <br />