CWCB Water Provider Agreement

performing Party gives the other Party prompt written notice describing the
particulars of the force majeure; (ii) the suspension of performance is of no greater
scope and of no longer duration than required by the force majeure event or
condition; and (iii) the non-performing Party proceeds with reasonable diligence to
remedy its inability to perform and provides weekly progress reports to the other
Party describing the remedial actions taken. As used in this paragraph, force
majeure shall mean any delay or failure of a Party to perform its obligations under
this Agreement caused by events beyond the Party's reasonable control and
without the fault or negligence of the Party, including, without limitation acts of God,
sudden actions of the elements such as floods, earthquakes, hurricanes, or
tornadoes, sabotage, vandalism beyond that which can be reasonably prevented
by the Party, terrorism, war, riots, fire, explosion, blockades, insurrection, strike,
slow down or labor disruptions (even if such difficulties could be resolved by
conceding to the demands of a labor group) and changes of law relating to financial
obligations, revenues and budgetary matters concerning Colorado local
governments and their enterprises .
I. Defense Against Third Parties. In the event of litigation by any third party
concerning this Agreement, and to the extent permitted by law, the Parties agree to
jointly defend any such third party action.
J. No Third Party Beneficiaries. Except with regard to provisions herein intended to
protect other Water Providers, there are no third party beneficiaries of this
Agreement. Except for other Water Providers, no third party has any right to
enforce this Agreement.
K. Authority of the Parties. The Parties each affirm and represent that they have the
full power and authority to execute this Agreement and thereafter perform all of the
terms and conditions set forth herein.
L. Counterparts and Facsimiles. This Agreement may be executed in counterparts,
each of which shall be an original but all of which together shall constitute one and
the same instrument. Facsimile signatures bind the parties hereto.
M. Non-Business Days. If any date for any action under this Agreement falls on a
Saturday, Sunday or a holiday recognized by the State of Colorado, then the
relevant date shall be extended automatically until the next business day.
N. No Agency. This Agreement is not intended, and shall not be construed, to create
any association, joint venture, agency relationship or partnership between the
Parties, or to impose any such obligation or liability upon either Party. Neither of
the Parties shall have any right, power or authority to enter into any agreement or
undertaking for, or act as or be an agent or representative of, or otherwise bind, the
other Party.
0. No Public Utility. Nothing contained in this Agreement shall be construed as an
intent by any of the Parties to dedicate any of their property to public use or subject
11