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the occurrence of the force majeure; (B)the suspension of performance is of no greater <br /> scope and of no longer duration than is required by theforce majeure event or condition; <br /> --and-(C)-the non-performing-partyproceedswith-easonable-diligence to remedyits <br /> inability to perform and provides weekly progress reports to the other party describing <br /> the actions taken to remedy the consequences of theforce majeure event or condition. As <br /> 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, <br /> and without the fault or negligence of the party,including,without limitation(A) acts of <br /> God, (B) sudden actions of the elements such as floods, earthquakes,hurricanes, or <br /> tornadoes, (C) sabotage, (D)vandalism beyond that which can be reasonably prevented <br /> by the party, (E)terrorism, (F) war,(G)riots, (H) fire, (I) explosion, (J) drought [a <br /> condition more severe than that which occurred in 2002 in the South Platte River Basin <br /> or any basin from which the Fully Reusable Water originates], (K)blockades, (L) <br /> insurrection, (M)strike, slow down or labor disruptions (even if such difficulties could be <br /> resolved by conceding to the demands of a labor group); (N) changes of law relating to <br /> financial obligations, revenues and budgetary matters concerning Colorado local <br /> governments and their enterprises. In the event any delay or failure of performance on <br /> the part of the party claiming force majeure continues for an uninterrupted period of more <br /> than one hundred twenty(120) days from its occurrence or inception as noticed pursuant <br /> to this Paragraph,the party not claiming force majeure may, at any time following the <br /> end of such one hundred twenty(120) day period,terminate this Agreement upon written <br /> notice to the party claming force majeure, as further provided in Section 8 herein. <br /> 16. Intent of Agreement. This Agreement is intended to describe the rights <br /> and responsibilities of and between the named Parties and is not intended to, and shall not <br /> be deemed to confer rights upon any persons or entities not named as Parties or as <br /> authorized assigns,nor to limit in any way the powers and responsibilities of Aurora, <br /> Lafarge, or any other entity not a party or assign hereto. <br /> 17. Effect of Invalidity. If any portion of this Agreement is held invalid or <br /> unenforceable for any reason by a court of competent jurisdiction as to either party or as <br /> to both Parties,the entire Agreement will terminate as further provided in Section 8 <br /> herein. <br /> 18. Assignability. Except as expressly provided herein,neither Aurora nor <br /> Lafarge may assign its rights or delegate its duties hereunder without the prior written <br /> consent of the other party. Lafarge may assign its rights to use of the Fully Reusable <br /> Water to any affiliate of Lafarge(being any entity controlled by, controlling or under <br /> common control with Lafarge) or in connection with any sale, lease or other transfer of <br /> any sand and gravel extraction or processing operation or any real property where such <br /> Fully Reusable Water has been or is capable of being used. <br /> 19. Successors and Assigns. This Agreement and the rights and obligations <br /> created hereby shall be binding upon and inure to the benefit of the Parties hereto and <br /> 6 • <br /> 9411\104\1075876.1 <br />