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F) vandalism beyond that which can be reasonably prevented by the Party, G) terrorism, H) war, <br />I) riots, J) fire, K) explosion, L) severe cold or hot weather, M) snow, N) drought [a condition <br />more severe than that which occurred in 2002 in the South Platte River Basin or any basin from <br />which the Reclaimed Wastewater originates] O) other extreme weather conditions, P) blockades, <br />Q) insurrection, R) strike, slow down or labor disruptions (even if such difficulties could be <br />resolved by conceding to the demands of a labor group); S) actions by federal, state, municipal, or <br />any other government or agency (including but not limited to, the adoption or change in any rile <br />or regulation or environmental constraint imposed by federal, state or local government bodies) <br />but only if such requirements, actions, or failures to act prevent or delay performance, T) inability, <br />despite due diligence, to obtain required licenses, permits or approvals, and, U) changes of law <br />relating to financial obligations, revenues and budgetary matters concerning Colorado local <br />governments and their enterprises. In the event a force majeure event or condition prevents Aurora <br />from delivering all or part of the agreed upon amounts of Reclaimed Wastewater to Lessee, Aurora <br />shall refund all advance payments made for that water not delivered within 60 days of the <br />conclusion of the force majeure event or the cancellation of the Agreement pursuant to the <br />remaining provisions of this Paragraph. In no event will any delay or failure of performance <br />caused by any conditions or events of force majeure extend this Agreement beyond its stated term. <br />In the event any delay or failure of performance on the part of the Party claiming force majeure <br />continues for an uninterrupted period of more than 120 days from its occurrence or inception as <br />noticed pursuant to this Paragraph, the Party not claiming force majeure may, at any time following <br />the end of such 120 day period, terminate this Agreement upon written notice to the Party claiming <br />force majeure, without further obligation except as to costs and balances incurred prior to the <br />effective date of such termination. <br />19. Sole Obligation of Utilitv Enterprise. <br />(a) This Agreement shall never constitute a general obligation or other indebtedness of <br />the City of Aurora ("City"), or a multiple fiscal year direct or indirect debt or other financial <br />obligation whatsoever of the City within the meaning of the Constitution and laws of the State of <br />Colorado or of the Charter and ordinances of the City. <br />(b) In the event of a default by Aurora's Utility Enterprise of any of its obligations <br />under this Agreement, Lessee shall have no recourse for any amounts owed to it against any funds <br />or revenues of the City except for those revenues derived from rates, fees or charges for the services <br />furnished by, or the direct or indirect use of, the Water System and deposited in the Water <br />Enterprise Fund, as the terms "Water System" and "Water Enterprise Fund" are defined in City <br />Ordinance No. 2003-18, and then only after the payment of all operation and maintenance expenses <br />of the Water System and all debt service and reserve requirements of any bonds, notes, or other <br />financial obligations of the Utility Enterprise secured by a pledge of the net revenues of the Water <br />Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this Agreement <br />shall be construed as creating a lien upon any revenues of the Utility Enterprise or the City. <br />20. Miscellaneous. <br />(a) Intent of Agreement. This Agreement is intended to describe the rights and <br />responsibilities of and between the named Parties and is not intended to, and shall not be deemed <br />