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reference (the "Delivery Schedule"). Aurora will commence supplying the Reclaimed <br />Wastewater on February 1, 2011 and cease supplying the Reclaimed Wastewater on December <br />31, 2011. <br />2. Delivery Schedule. Delivery of the Reclaimed Wastewater will be made in accordance <br />with the Delivery Schedule set forth in Exhibit A attached hereto and incorporated herein. In no <br />event shall the total amount of Reclaimed Wastewater delivered exceed the maximum amount <br />set forth in the Delivery Schedule. As long as Aurora is capable of delivering the Reclaimed <br />Wastewater to the delivery points according to the Delivery Schedule, Lessce will be obligated <br />to pay the per -acre foot charge set forth in Paragraph 7 herein below regardless of whether or not <br />Lessee requests or 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 treatment <br />facility located on the South Platte River ("Metro"). Lessee further agrees that Aurora may, in its <br />sole discretion, satisfy its delivery obligations under this Agreement by delivering the Reclaimed <br />Wastewater at any other delivery point or delivery points on the South Platte River (each of <br />Metro and such other delivery points, hereinafter, a "Delivery Point" and collectively, the <br />"Delivery Points"); provided that such alternative delivery points are located within a reach of <br />the South Platte River beginning at or below Metro and continuing downstream to a point at or <br />above the location where East 120 Avenue crosses the South Platte River (such location, the <br />"Point of Use"). Lessee acknowledges and agrees that the alternate Delivery Points may include, <br />but are not limited to, other wastewater treatment plants that may be constructed in the future <br />which discharge Reclaimed Wastewater owned by Aurora, the Brighton Ditch Augmentation <br />Stations, the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte <br />River. Aurora will bear the responsibility for delivery of the Reclaimed Wastewater to these <br />Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use <br />at any given time. Once Aurora has completed its delivery of the Reclaimed Wastewater <br />hereunder, Lessee shall assume sole liability for any loss, damage, or injury that may occur to <br />persons or property as the direct-or-indirect-resultof the control and/or use of said Reclaimed <br />Wastewater by Lessee. The amount of Reclaimed Wastewater needed at the delivery points was <br />calculated by Lessee to include any transportation losses, or "shrinkage," from the delivery <br />points to Lessee's point of use downstream. Lessee also acknowledges the travel time between <br />the alternate Delivery Points and Lessee's Point of Use varies, but that the timing for Aurora's <br />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 Metro. Thus, if Aurora elects, in its <br />sole discretion, to make its delivery of any Reclaimed Wastewater under this Agreement at a <br />Delivery Point other than Metro, and if delivery at such alternative Delivery Point(s) results in <br />reduced transit loss, Aurora shall be entitled to retain such avoided transit loss with no credit to <br />Lessee in water, money or otherwise. Aurora shall maintain and provide to Lessee a monthly <br />accounting and report of daily deliveries at the Delivery Point(s). If Aurora elects to deliver <br />2 <br />9411311521500.1 <br />