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herein force majeure shall mean any delay or failure of a Party to perform its obligations under
<br />this Agreement caused by events beyond the Party's reasonable control, and without the fault or
<br />negligence of the Party, including, without limitation A) changes in state or federal law or
<br />administrative practice concerning, water rights administration, water quality or stream flow
<br />requirements, B) changes in state water rights administrative practice concerning the reuse of
<br />reclaimed wastewater through leases to others for use at locations other than Aurora, Colorado,
<br />including, but not limited to, challenges to retained dominion and control, C) acts of God, D)
<br />sudden actions of the elements such as floods, earthquakes, hurricanes, or tornadoes, E) sabotage,
<br />F) vandalism beyond that which can be reasonably prevented by the Party, G) terrorism, H) war,
<br />I) riots, J) fire, K) explosion, L) severe cold or hot weather, M) snow, N) drought [a condition
<br />more severe than that which occurred in 2002 in the South Platte River Basin or any basin from
<br />which the Reclaimed Wastewater originates] 0) other extreme weather conditions, P) blockades,
<br />Q) insurrection, R) strike, slow down or labor disruptions (even if such difficulties could be
<br />resolved by conceding to the demands of a labor group); S) actions by federal, state, municipal, or
<br />any other government or agency (including but not limited to, the adoption or change in any rule
<br />or regulation or environmental constraint imposed by federal, state or local government bodies)
<br />but only if such requirements, actions, or failures to act prevent or delay performance, T) inability,
<br />despite due diligence, to obtain required licenses, permits or approvals, and, U) changes of law
<br />relating to financial obligations, revenues and budgetary matters concerning Colorado local
<br />governments and their enterprises. In the event aforce majeure event or condition prevents Aurora
<br />from delivering all or part of the agreed upon amounts of Reclaimed Wastewater to Lessee, Aurora
<br />shall refund all advance payments made for that water not delivered within 60 days of the
<br />conclusion of the force majeure event or the cancellation of the Agreement pursuant to the
<br />remaining provisions of this paragraph. In no event will any delay or failure of performance caused
<br />by any conditions or events of force majeure extend this Agreement beyond its stated term. In the
<br />event any delay or failure of performance on the part of the Party claiming force majeure continues
<br />for an uninterrupted period of more than 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 120 day period, terminate this Agreement upon written notice to the Party claiming
<br />force majeure, without further obligation except as to costs and balances incurred prior to the
<br />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
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