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13. No Opposition 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 Request 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
<br />the Parties and neither Party has relied upon any fact or representation not expressly set forth
<br />herein. All prior and contemporaneous conversations, negotiations, possible alleged agreements,
<br />representations, covenants and warranties concerning the subject matter hereof, are merged in
<br />this 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
<br />termination of any obligations created by this Agreement unless such termination is requested by
<br />the Party not 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
<br />this Agreement due solely to conditions or events of force majeure, as that term is specifically
<br />defined herein; provided that: (i) the non-performing Party gives the other Party prompt written
<br />notice describing the particulars of the occurrence of the force majeure; (ii) the suspension of
<br />perfonnance is of no greater scope and of no longer duration than is required by the force
<br />majeure event or condition; and (iii) the non-performing Party proceeds with reasonable
<br />diligence to remedy its inability to perform and provides weekly progress reports to the other
<br />Party describing the actions taken to remedy the consequences of the.force majeure event or
<br />condition. As used herein force majeure shall mean any delay or failure of a Party to perform its
<br />obligations under this Agreement caused by events beyond the Party's reasonable control, and
<br />without the fault or negligence of the Party, including, without limitation A) changes in state or
<br />federal law or administrative practice concerning, water rights administration, water quality or
<br />stream flow requirements, B) changes in state water rights administrative practice concerning the
<br />reuse of reclaimed wastewater through leases to others for use at locations other than Aurora,
<br />Colorado, including, but not limited to, challenges to retained dominion and control, C) acts of
<br />God, D) sudden actions of the elements such as floods, earthquakes, hurricanes, or tornadoes, E)
<br />sabotage, F) vandalism beyond that which can be reasonably prevented by the Party, G)
<br />terrorism, H) war, 1) riots, J) fire, K) explosion, L) severe cold or hot weather, M) snow, N)
<br />drought [a condition more severe than that which occurred in 2002 in the South Platte River
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