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i <br /> Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed <br /> Wastewater, other water or water rights. Lessee further acknowledges the statutory prohibition <br /> against vesting of a right for a continued lease expressed in CRS § 31-35-201 applies in these <br /> circumstances. <br /> 13. No Opposition to Aurora Water Court Matters. From the date of execution of this <br /> Agreement through the conclusion hereof, Lessee agrees that neither it nor any successors, if any <br /> are allowed, will oppose Aurora in any Colorado Water Court applications filed by Aurora. <br /> 14. Aurora Right to Request Reuse. The Parties hereto acknowledge that hydrologic and <br /> other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed <br /> Wastewater flow available to it under this Agreement. Aurora may contact Lessee, not more <br /> frequently than once per day, to determine if any of the Reclaimed Wastewater leased hereunder <br /> will not be needed. <br /> 15. Entire Agreement of the Parties. This Agreement represents the entire agreement of <br /> the Parties and neither Party has relied upon any fact or representation not expressly set forth <br /> herein. All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br /> representations, covenants and warranties concerning the subject matter hereof, are merged in <br /> this Agreement. <br /> 16. Amendment. This Agreement may be amended, modified, changed, or terminated in <br /> whole or in part only by written agreement dui authorized and executed b g Y y the Parties hereto. <br /> 17. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity <br /> for specific performance, injunctive, or other appropriate relief, including damages, as may be <br /> available according to the laws of the State of Colorado. It is specifically understood that, by <br /> executing this Agreement, each Party commits itself to perform pursuant to the terms hereof, and <br /> that any breach hereof resulting in any recoverable damages shall not thereby cause the <br /> termination of any obligations created by this Agreement unless such termination is requested by <br /> the Party not in breach hereof. <br /> 18. Failure to Perform Due to Force Maieure. Subject to the terms and conditions in this <br /> Paragraph, no Party to this Agreement shall be liable for any delay or failure to perform under <br /> this Agreement due solely to conditions or events of force majeure, as that term is specifically <br /> defined herein; provided that: (i) the non performing Party gives the other Party prompt written <br /> notice describing the particulars of the occurrence of the force majeure; (ii) the suspension of <br /> performance is of no greater scope and of no longer duration than is required by the force <br /> majeure event or condition; and (iii) the non-performing Party proceeds with reasonable <br /> diligence to remedy its inability to perform and provides weekly progress reports to the other <br /> Party describing the actions taken to remedy the consequences of the force majeure event or <br /> condition. As used herein force majeure shall mean any delay or failure of a Party to perform its <br /> obligations under this Agreement caused by events beyond the Party's reasonable control, and <br /> without the fault or negligence of the Party, including, without limitation A) changes in state or <br /> federal law or administrative practice concerning, water rights administration, water quality or <br /> stream flow requirements, B) changes in state water rights administrative practice concerning the <br /> reuse of reclaimed wastewater through leases to others for use at locations other than Aurora, <br /> 009411\0310\1749535.3 5 <br /> i <br />