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Basin or any basin from which the Reclaimed Wastewater originates] O) other extreme weather <br />conditions, P) blockades, Q) insurrection, R) strike, slow down or labor disruptions (even if such <br />difficulties could be resolved by conceding to the demands of a labor group); S) actions by <br />federal, state, municipal, or any other government or agency (including but not limited to, the <br />adoption or change in any rule or regulation or environmental constraint imposed by federal, <br />state or local goverrunent bodies) but only if such requirements, actions, or failures to act prevent <br />or delay performance, T) inability, despite due diligence, to obtain required licenses, permits or <br />approvals, and, U) changes of law relating to financial obligations, revenues and budgetary <br />matters concerning Colorado local governments and their enterprises. In the event a force <br />majeure event or condition prevents Aurora from delivering all or part of the agreed upon <br />amounts of Reclaimed Wastewater to Lessee, Aurora shall refund all advance payments made for <br />that water not delivered within sixty (60) days of the conclusion of the force majeure event or the <br />cancellation of the Agreement pursuant to the remaining provisions of this Paragraph. In no <br />event will any delay or failure of performance caused by any conditions or events of force <br />majeure extend this Agreement beyond its stated term. In the event any delay or failure of <br />performance on the part of the Party claiming force majeure continues for an uninterrupted <br />period of more than one hundred twenty (120) days from its occurrence or inception as noticed <br />pursuant to this Paragraph, the Party not claiming force majeure may, at any time following the <br />end of such one hundred twenty (120) day period, terminate this Agreement upon written notice <br />to the Party claiming force majeure, without further obligation except as to costs and balances <br />incurred prior to the effective date of such tennination. <br />19. Sole Obligation of Utility Enterprise. <br />(a) This Agreement shall never constitute a general obligation or other indebtedness <br />of 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 <br />funds or revenues of the City except for those revenues derived from rates, fees or charges for <br />the services furnished by, or the direct or indirect use of, the Water System and deposited in the <br />Water Enterprise Fund, as the terms "Water System" and "Water Enterprise Fund" are defined in <br />City Ordinance No. 2003-18, and then only after the payment of all operation and maintenance <br />expenses of the Water System and all debt service and reserve requirements of any bonds, notes, <br />or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of <br />the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this <br />Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the <br />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 />to confer rights upon any persons or entities not named as Parties, nor to limit in any way the <br />powers and responsibilities of Aurora, Lessee, or any other entity not a party hereto. <br />00941 F03 10 1 1698512 6 7 <br />