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PROJ00084
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PROJ00084
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Entry Properties
Last modified
11/19/2009 11:43:05 AM
Creation date
10/5/2006 11:35:10 PM
Metadata
Fields
Template:
Loan Projects
Contract/PO #
C150139
Contractor Name
Coal Creek
Contract Type
Loan
Water District
0
County
Fremont
Bill Number
MC3
Loan Projects - Doc Type
Feasibility Study
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<br />be served by the facilities constructed hereunder, providing that <br /> <br />the water rights furnished by such Party supply sufficient raw water <br /> <br />to satisfy the increased service, and provi~ing that the burden of <br /> <br /> <br />such increased service on the treatment and trans~ission facilities <br /> <br />constructed hereunder shall not jeopardize service to the other <br /> <br />Parties. <br /> <br />16. FLORENCE hereby guarantees to COAT) CREEK and h'ILLIN1S- <br /> <br /> <br />BURG the right to have the water derived from their Water rights, as <br /> <br /> <br />set forth on Exhibit A, treated and transported by the facili.t.i.ef] <br /> <br />constructed hereunder so long as all payments required hereunder are <br /> <br />current. <br /> <br />17. The Parties shall not he responsible or liable in <br /> <br />any way for acts of God or any other acts or omissions beyond the <br /> <br /> <br />control of such Parties which may in any way Cause an interruption <br /> <br />. or discontinuance of service by the facilities constructed hereunder. <br /> <br />18. This Agreement shall be in full force and effect and <br /> <br />be legally binding upon each or the Parties, upon execution by each <br /> <br />of the Parties, for a term of forty (40) years from the date upon <br /> <br /> <br />which the loan from Farmers Home is closed. Thereafter this Agree- <br /> <br />ment shal~ continue in full force as a bi~ding contract, to the extent <br /> <br />permitted by law, but each of the Parties shall have the right to <br /> <br />withdraw therefrom upon twelve <br /> <br />(~) months' written notice to <br /> <br />the.other Parties. <br /> <br />19. No Party to the Agreement may assign its interest her8~ <br /> <br />in to any other person without the written consent of all other <br /> <br />Parties hereto. The terms of this Agreement shall inure to the bene- <br /> <br />fit of and be binding upon the succeSSOrs of each Party hereto. <br /> <br />This Agreement shall not be construed as preventi.ng any other publi.c <br /> <br /> <br />body politic, municipal corporation which is a governmental and politi- <br /> <br />cal subdivision of the state of Colorado from ~ucceeding to the rights, <br /> <br />privileges, powers, immunities, liebilities, and duties of a Party <br /> <br /> <br />hereto, as may be authorized by law, in the absence of any prejudicial <br /> <br />impairment of any obligation imposed or right granted hereunder. <br /> <br /> <br />20. If any provision of this Agreement shall for any reason <br /> <br />be held invalid or unenforceable, such invalidity or unenforceability <br /> <br />shall not effect the remaining provisions of this l\.greement. <br /> <br />- ') - <br />
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