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WATER SUPPLY CONTRACT CW12006 <br />Page 3 <br />• "Project Hydrology Assumptions" or "Hydrology Assumptions" means the <br />document attached as Appendix "A" to the Water Marketing Policy adopted on <br />October 17, 2006. <br />River District Water Delivery Obligations and Responsibilities. <br />a. Delivery. The River District will deliver the Contracted Water at the outlet works <br />of the Contracted Water's sources of supply into the receiving natural streams in <br />quantities provided herein. Unless otherwise agreed to by the River District's <br />General Manager based upon written request of Contractor, the River District will <br />make releases or request that releases be made for Contractor, based upon <br />Contractor's written schedule of anticipated demand, adjusted as necessary by the <br />ongoing status of river administration vis -a -vis the priority status of Contractor's <br />diversions, provided that the releases can be made within the operational <br />limitations of the River District's project facilities as determined by the River <br />District in its sole discretion. Contractor shall be solely responsible after delivery <br />for the legal and physical delivery and use of the Contracted Water. <br />b. Delivery Contingencies. The River District's delivery of Contracted Water shall <br />be subject to Contractor's payments pursuant to paragraph 3 below, and the <br />provisions for curtailment of deliveries in paragraph 5 below. <br />C. Water Measurements. The River District shall measure at the outlet works of the <br />Contracted Water's sources of supply all Contracted Water and shall notify the <br />Division Engineer of Colorado Water Division No. S of the date, time and amount <br />of Contracted Water released pursuant to this Contract. Copies of such records <br />shall be provided to Contractor upon request. <br />d. Water Quality. The River District shall have no obligation to Contractor or any <br />other person regarding and makes no warranties or representations to Contractor <br />concerning the quality of Contracted Water delivered pursuant to this Contract by <br />releases of raw water to natural streams. <br />e. Maintenance of Facilities. The River District, to the extent that it has ownership <br />and maintenance control, shall use its best efforts to maintain in good working <br />condition the water storage and release facilities of the Contracted Water. <br />f. Withholding of Delivery. The River District may withhold deliveries of <br />Contracted Water in the event of Contractor's nonpayment for Contracted Water <br />or any other breach of this Contract by Contractor. Such remedy shall not be the <br />River District's exclusive remedy in the event of any such breach. <br />