Center of Colorado WCD Water Provider Agreement

Notices shall be effective (a) the next day following the date sent by an
established express delivery service which maintains delivery records requiring
a signed receipt, (b) upon receipt by the addressee of a hand delivery, or (c)
three days after the date of mailing via certified or registered mail, postage
prepaid, return receipt requested.
G. Waiver of Rights. The failure of either Party to exercise any right under this
Agreement shall not be deemed a waiver of such Party's right and shall not affect
the right of such Party to exercise at some future time the right or rights or any
other right it may have under this Agreement.
H. Failure to Perform Due to Force Majeure. Neither Party to this Agreement shall be
liable for any delay or failure to perform due solely to conditions or events of force
majeure, as that term is defined in this paragraph; provided that: (i) the non-
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.
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