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Wastewater delivered exceed the maximum amounts set forth in the Delivery Schedule. As long <br />as Aurora is capable of delivering the Reclaimed Wastewater to the delivery points according to <br />the Delivery Schedule, Lessee will be obligated to pay the per -acre foot charge set forth in <br />Paragraph 8 below regardless of whether or not Lessee uses the Reclaimed Wastewater. <br />3. Delivery Location. <br />(a) 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 />Hite treatment 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 delivery point or delivery points on 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 beginning <br />at or below Hite and continuing downstream to a point at or above the location on the South Platte <br />River that is approximately 80 miles downstream of Hite at the confluence of the Cache la Poudre <br />River and the South Platte River (such location, the "Point of Use"). Lessee acknowledges and <br />agrees that the alternate Delivery Points may include, but are not limited to, other wastewater <br />treatment plants that may be constructed in the future that discharge Reclaimed Wastewater owned <br />by Aurora, the Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the <br />confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for <br />delivery of the Reclaimed Wastewater to these Delivery Points, and in its sole discretion may <br />determine which of the Delivery Points it will use at any given time. Once Aurora has completed <br />its delivery of the Reclaimed Wastewater hereunder, Lessee shall assume sole liability for any loss, <br />damage, or injury that may occur to persons or property as the direct or indirect result of the control <br />and/or use of said Reclaimed Wastewater by Lessee. The amount of Reclaimed Wastewater <br />needed at the Delivery Points was calculated by Lessee to include any transportation losses, or <br />"shrinkage," from Hite to Lessee's point of use downstream. Lessee also acknowledges the travel <br />time between the alternate Delivery Points and Lessee's Point of Use varies, but that the timing for <br />Aurora's delivery obligations as provided for under the Delivery Schedule shall remain the same <br />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 sole <br />discretion, to make its delivery of any Reclaimed Wastewater under this Agreement at a Delivery <br />Point other than Hite, and if delivery at such alternative Delivery Point(s) results in reduced transit <br />loss, Aurora shall be entitled to retain such avoided transit loss with no credit to Lessee in water, <br />money or otherwise. Aurora shall maintain and provide to Lessee a monthly accounting and report <br />of daily deliveries at the Delivery Point(s). If Aurora elects to deliver some or all of the Reclaimed <br />Wastewater at alternative Delivery Point(s), then the foregoing reports shall include the calculated <br />amount of avoided transit loss and the amount of water physically delivered at such alternative <br />Delivery Point(s). For purposes of calculating any such avoided transit loss, the Parties hereby <br />agree that the volume of Reclaimed Wastewater required to be delivered by Aurora in accordance <br />with the Delivery Schedule shall be discounted by an amount equal to one-half of one percent <br />(0.5%) of such volume during the April through September irrigation season, or one-fourth of one <br />percent (0.25%) of such volume during the October through March non -irrigation season, for each <br />