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assignment or any related document by the parties thereto or to the consummation of any <br />transaction in connection with such documents. <br />12. No Rights Conferred. Except as otherwise provided in this Agreement, the Parties <br />acknowledge that all Reclaimed Wastewater leased hereunder is intended for the present and future <br />use of Aurora. It is further understood and agreed to by the Parties that this Agreement shall confer <br />no rights in such Reclaimed Wastewater upon Lessee, nor shall any future needs of Lessee for <br />water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed Wastewater, <br />other water or water rights. Lessee further acknowledges the statutory prohibition against vesting <br />of a right for a continued lease expressed in CRS § 31-35-201 applies in these circumstances. <br />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 other <br />conditions may exist wherein Lessee may not need all or a portion of the Reclaimed Wastewater <br />flow available to it under this Agreement. Aurora may contact Lessee, not more frequently than <br />once per day, to determine if any of the Reclaimed Wastewater leased hereunder will not be <br />needed. <br />15. Entire Agreement of the Parties. This Agreement represents the entire agreement of the <br />Parties and neither Party has relied upon any fact or representation not expressly set forth herein. <br />All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br />representations, covenants and warranties concerning the subject matter hereof, are merged in this <br />Agreement. <br />16. Amendment. This Agreement may be amended, modified, changed, or terminated in whole <br />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 termination <br />of any obligations created by this Agreement unless such termination is requested by the Party not <br />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 this <br />Agreement due solely to conditions or events of force majeure, as that term is specifically defined <br />herein; provided that: (i) the non performing Party gives the other Party prompt written notice <br />describing the particulars of the occurrence of the force majeure; (ii) the suspension of <br />performance is of no greater scope and of no longer duration than is required by the force majeure <br />event or condition; and (iii) the non-performing Party proceeds with reasonable diligence to <br />remedy its inability to perform and provides weekly progress reports to the other Party describing <br />the actions taken to remedy the consequences of the force majeure event or condition. As used <br />009411\0310\1749535.2 <br />5 <br />