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G. Waiver of Rights. The failure of either Party to exercise any right under this <br /> Agreement shall not be deemed a waiver of such Party's right and shall not <br /> affect the right of such Party to exercise at some future time the right or rights <br /> or any other right it may have under this Agreement. <br /> H. Failure to Perform Due to Force Majeure. Neither Party to this Agreement <br /> shall be liable for any delay or failure to perform due solely to conditions or <br /> events of force majeure, as that term is defined in this paragraph; provided <br /> that: (i) the non-performing Party gives the other Party prompt written notice <br /> describing the particulars of the force majeure; (ii) the suspension of <br /> performance is of no greater scope and of no longer duration than required by <br /> the force majeure event or condition; and (iii) the non-performing Party <br /> proceeds with reasonable diligence to remedy its inability to perform and <br /> provides weekly progress reports to the other Party describing the remedial <br /> actions taken. As used in this paragraph, force majeure shall mean any delay <br /> or failure of a Party to perform its obligations under this Agreement caused by <br /> events beyond the Party's reasonable control and without the fault or <br /> negligence of the Party, including, without limitation acts of God, sudden <br /> actions of the elements such as floods, earthquakes, hurricanes, or <br /> tornadoes, sabotage, vandalism beyond that which can be reasonably <br /> prevented by the Party, terrorism, war, riots, fire, explosion, blockades, <br /> insurrection, strike, slow down or labor disruptions (even if such difficulties <br /> could be resolved by conceding to the demands of a labor group) and <br /> changes of law relating to financial obligations, revenues and budgetary <br /> matters concerning Colorado local governments and their enterprises . <br /> I. Defense Against Third Parties. In the event of litigation by any third party <br /> concerning this Agreement, and to the extent permitted by law, the Parties <br /> agree to jointly defend any such third party action. <br /> J. No Third Party Beneficiaries. Except with regard to provisions herein <br /> intended to protect other Water Providers, there are no third party <br /> beneficiaries of this Agreement. Except for other Water Providers, no third <br /> party has any right to enforce this Agreement. <br /> K. Authority of the Parties. The Parties each affirm and represent that they have <br /> the full power and authority to execute this Agreement and thereafter perform <br /> all of the terms and conditions set forth herein. <br /> L. Counterparts and Facsimiles. This Agreement may be executed in <br /> counterparts, each of which shall be an original but all of which together shall <br /> constitute one and the same instrument. Facsimile signatures bind the <br /> parties hereto. <br /> 12 <br />