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other water or water rights. Lessee further acknowledges the statutory prohibition against vesting <br />of a right for a continued lease expressed in CRS § 31-35-201 applies in these circumstances. <br />13. No Oanosition 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 Reauest 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 the <br />Parties and neither Party has relied upon any fact or representation not expressly set forth herein. <br />All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br />representations, covenants and warranties concerning the subject matter hereof, are merged in this <br />Agreement. <br />16. Amendment. This Agreement may be amended, modified, changed, or terminated in <br />whole or in part only by written agreement duly authorized and executed by 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 termination <br />of any obligations created by this Agreement unless such termination is requested by the Party not <br />in breach hereof. <br />18. Failure to Perform Due to Force Majeure. 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 this <br />Agreement due solely to conditions or events of force majeure, as that term is specifically defined <br />herein; provided that: (i) the non-performing Party gives the other Party prompt written notice <br />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 majeure <br />event or condition; and (iii) the non-performing Party proceeds with reasonable diligence to <br />remedy its inability to perform and provides weekly progress reports to the other Party describing <br />the actions taken to remedy the consequences of the force majeure event or condition. As used <br />herein force majeure shall mean any delay or failure of a Party to perform its obligations under <br />this Agreement caused by events beyond the Party's reasonable control, and without the fault or <br />negligence of the Party, including, without limitation A) changes in state or federal law or <br />administrative practice concerning, water rights administration, water quality or stream flow <br />requirements, B) changes in state water rights administrative practice concerning the reuse of <br />reclaimed wastewater through leases to others for use at locations other than Aurora, Colorado, <br />including, but not limited to, challenges to retained dominion and control, C) acts of God, D) <br />sudden actions of the elements such as floods, earthquakes, hurricanes, or tornadoes, E) sabotage, <br />