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AUI'O1'il Ill ILS SOIe C11SC1'eUOII 11p011 a determination that Reclaimed Wastewater is available each <br />nlolith. The Dclively Schedule is for planning purposes only and does not commit Aurora to <br />provide any Reclaim « <br />ed rastewater to Lessee. Furthermore, Aurora, at its discretion, may <br />deliver all or only a portion of the maxinlLlnl tllonthly amounts set forth in the Delivery <br />Schedule. In no event shall the total amount of Reclaimed Wastewater delivered exceed the <br />nlaximunl monthly alllourlts set forth in the Delivery Schedule. Lessee shall notify Aurora at <br />least ten (10) clays prior to the beginning of each month, identifying the volume of water it would <br />like to have delivered, if different from the Delivery Schedule, and Aurora shall notify Lessee <br />within ten (10) days of the end of each month the volume of water it did deliver the previous <br />month. As long as Aurora delivers the requested volurlle of Reclaimed Wastewater to the <br />delivery points according to the Delivery Schedule, in whole or in part, Lessee will he obligated <br />to pay the per -acre foot charge set forth in Paragraph 8 below regardless of whether or not <br />Lessee uses the Reclaimed Wastewater. Lessee may provide a new annual Delivery Schedule of <br />projected tllaximum delivery amounts no later than October I each year. <br />3. Deliver' Location <br />(il} Delivery Points. Lessee agrees that Aurora shall initially make its delivery of the <br />Reclaimed Wastewater at the outfall of the Metro Wastewater Reclamation District's Robert W. <br />]"rite 1R atrllent facility ( "Hite "). Lessee further agrees that Aurora may, in its sole discretion, <br />satisfy its delivery obligations under this Agreement by delivering the Reclaimed Wastewater at <br />any other deliver y point of delivery pU1TltS oil the South Platte River (each of Hite and such other <br />delivery points, hereinafter, a "Delivery Point" and collectively, the "Delivery Points "), provided <br />that such alternative Delivery Points are located within a reach of the South Platte River <br />beginnin at or belov,, I1lte and COi1t111Lllllg downstream to a point at or above the location on the <br />South Platte River that is a point in the NW1 /a of the SEI /a of Section 34, Township l South, <br />Range 67 `'Vest of the 6111 P.1vi., which is 2,306 feet from the South Section line and 1,455 feet <br />from the Fast Section line of said Section 34 [UTM Coordinates: Easting 511058, Northing <br />44189:13] (such location, the "Point of Use "). Lessee acknowledges and agrees that the alternate <br />Delivery Points may include, but are not limited to, other wastewater treatment plants that may <br />be constructed in the future that discharge Reclaimed Wastewater owned by Aurora, the <br />Brlohton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of <br />Sand Creek and the SOltth Platte River. Aurora will bear the responsibility, for delivery of the <br />Reclaimed Wastewater to these Deliver ), Points, and in its sole discretion may determine which <br />of the Delivery Points it will use at any given tinge. Once Aurora has completed its delivery of <br />the Reclaimed Wastewater hereunder, Lessee shall assume sole liability for any loss, damage, or <br />injury that may occur to persons or property as the direct or indirect result of the control and /or <br />use of said Reclaimed Wastewater by Lessee. The amount of Reclaimed Wastewater needed at <br />the Delivery Points was calculated by Lessee to include any transportation losses, or <br />"shrrnkaoc," from Hite to Lessee's point Of use downstream. Lessee also acknowledges the <br />travel time between the alternate Delivery Points and Lessee's Point of Use varies, but that the <br />timing for Aurora's delivery obligations as provided for under the Delivery Schedule shall <br />remain the same regardless of Aurora's use of alternative Delivery Points. <br />(b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume <br />of Reclaimed Wastewater to be delivered under this Agreement are deemed to be satisfied if <br />Aurora makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora elects, in its <br />2 <br />0r)9411\0310 \1811961 3 <br />