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2015-02-04_HYDROLOGY - M2005059
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2015-02-04_HYDROLOGY - M2005059
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Last modified
8/24/2016 5:57:14 PM
Creation date
2/5/2015 8:46:27 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2005059
IBM Index Class Name
HYDROLOGY
Doc Date
2/4/2015
Doc Name
Resource Substitute Water Supply Plan
From
DNR Water Resources
To
DRMS
Email Name
ECS
Media Type
D
Archive
No
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lightning, fire, epidemic, contamination, war, terrorist act, riot, civil disturbance, labor <br />disturbance, accidents, sabotage, or restraint by court or restrictions by other public authority <br />which delays or prevents performance (including but not limited to the adoption or change in any <br />rule, policy, or regulation or environmental constraints imposed by federal, state or local <br />governments), which Longmont could not reasonably have avoided by exercise of due diligence <br />and foresight. Upon the occurrence of such an event or condition, the obligations of Longmont <br />under this Agreement shall be excused and suspended without penalty or damages, provided that <br />Longmont shall give Customer written notice describing the particulars of the occurrence or <br />condition, the suspension of performance is of no greater scope and of no longer duration than is <br />required by the event or condition, and Longmont proceeds with reasonable diligence to remedy <br />its inability to perform and provides progress reports to Customer describing the actions taken to <br />remedy the consequences of the event or condition. <br />17. Independent contractors. Both Parties shall perform all services under this <br />Agreement as independent contractors, and not as an agent or employee of the other Party. No <br />official or employee of Longmont shall supervise Customer. No official or employee of <br />Customer shall supervise Longmont. Neither Party shall represent that it is an employee or <br />agent of the other Party in any capacity. Neither Party has any right to Worker's <br />Compensation benefits from the other Party or its insurance carriers or funds. Customer <br />shall pay any federal and state income tax on money earned under this Agreement. <br />19. No Continuing Duty to Supply Water. Longmont shall have no obligation to <br />supply water to Customer after this Agreement expires or is otherwise terminated. By agreeing <br />to deliver water to Customer under this Agreement, Longmont does not intend to represent itself <br />as a public utility to Customer or others in such regard nor shall it be deemed to operate as a <br />public utility. Customer shall not assert that Longmont is a public utility by reason of delivering <br />water pursuant to this Agreement, nor that it is subject to regulation as a public utility or subject <br />to regulation by the Colorado Public Utilities Commission or to rate regulation by any other <br />public entity. <br />19. Counterparts. This Agreement may be executed in any number of counterparts, <br />each of which shall be deemed an original, and all of which shall constitute one and the same <br />Agreement. Facsimile signatures shall be acceptable and binding upon all Parties. <br />20. Headings. All paragraph headings used herein are for the convenience of the <br />Parties and shall have no meaning in the interpretation or effect of this Agreement. <br />21. Negotiated Provisions. This Agreement shall not be construed more strictly <br />against one Party than against the other merely by virtue of the fact that it may have been <br />prepared by counsel for one of the Parties, it being recognized that both Longmont and <br />Customer have contributed substantially and materially to the preparation of this Agreement. <br />22. Authority. The Parties warrant that they have taken all actions necessary or <br />required by their own procedures, bylaws, or applicable law, to authorize their respective <br />signatories to sign this Agreement for them and to bind them to its terms. <br />5 <br />L: WtAMERkWaaMvMkSpeci ¢himShonTeIMWSA2014•15 FtNALdoc MOM14 <br />
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