Central Colorado WCD Water Provider Agreement

Lawrence Jones Custer Grasmick, LLP
5245 Ronald Reagan Blvd., Suite 1
Johnstown CO, 80534
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.
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