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down or labor disruptions (even if such difficulties could be resolved by conceding to the demands <br />of a labor group); S) actions by federal, state, municipal, or any other government or agency <br />(including but not limited to, the adoption or change in any rule or regulation or environmental <br />constraint imposed by federal, state or local govemment bodies) but only if such requirements, <br />actions, or failures to act prevent or delay performance, T) inability, despite due diligence, to obtain <br />required licenses, permits or approvals, and, U) changes of Iaw relating to financial obligations, <br />revenues and budgetary matters concerning Colorado local governments and their enterprises. In <br />the event a force majeure event or condition prevents Aurora from delivering all or part of the <br />agreed upon amounts of Reclaimed Wastewater to Lessee, Aurora shall refund all advance <br />payments made for that water not delivered within 60 days of the conclusion of the force majeure <br />event or the cancellation of the Agreement pursuant to the remaining provisions of this Paragraph. <br />In no event will any delay or failure of performance caused by any conditions or events of force <br />majeure extend this Agreement beyond its stated tern. In the event any delay or failure of <br />performance on the part of the Party claiming force majeure continues for an uninterrupted period <br />of more than 120 days from its occurrence or inception as noticed pursuant to this Paragraph, the <br />Party not claiming force majeure may, at any time following the end of such 120 day period, <br />teinnnate this Agreement upon written notice to the Party claiming force majeure, without further <br />obligation except as to costs and balances incurred prior to the effective date of such termination. <br />19. Sole Obligation of Utility Enterprise. <br />(a) This Agreement shall never constitute a general obligation or other indebtedness of the <br />City of Aurora ("City"), or a multiple fiscal year direct or indirect debt or other financial obligation <br />whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado <br />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 under <br />this Agreement, Lessee shall have no recourse for any amounts owed to it against any funds or <br />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 />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 />(b) Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable <br />for any reason by a court of competent jurisdiction as to either Party or as to both Parties, the entire <br />Agreement will terminate. <br />009411\0310\11688512.6 7 <br />