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2015-12-14_HYDROLOGY - M1997054
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2015-12-14_HYDROLOGY - M1997054
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Last modified
9/12/2020 4:23:38 AM
Creation date
12/15/2015 4:49:15 PM
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DRMS Permit Index
Permit No
M1997054
IBM Index Class Name
Hydrology
Doc Date
12/14/2015
Doc Name
Substitute Water Supply Plan
From
DWP
To
DRMS
Email Name
TC1
Media Type
D
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No
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and shall be liberally construed in order to carry out the intentions of the parties hereto <br /> as nearly as may be possible. <br /> 21. The provisions of this Agreement are subject to the following limitation--if <br /> by reason of a force majeure, Canon City is unable in whole or in part to carry out any <br /> agreement or promise on its part herein contained, Canon City shall not be deemed in <br /> default during the continuance of such inability. The term "force majeure" as used <br /> herein shall mean, without limitation, the following: acts of God, strikes, lockouts, or <br /> other industrial disturbances; acts of public enemies; order or restraint of any kind of the <br /> government of the United States of America or of the State of Colorado or County of <br /> Fremont, or any of their departments, agencies, or officials, or any civil or military <br /> authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts-floods; <br /> explosions; breakage or accident to machinery, equipment, transmission pipes or <br /> canals; or any other cause or event not reasonably within the control of Canon City. <br /> 22. At such time as a water meter has been established to measure water <br /> sold and delivered to Agile by Canon City, Agile shall deliver to Canon City a map <br /> showing with reasonable accuracy where such meter is located and how the City's <br /> employees and agents may gain access to it for purposes of reading and maintaining <br /> such meter. No such meter shall be relocated without the prior knowledge and consent <br /> of Canon City. <br /> t <br /> 23. Notwithstanding anything to the contrary set forth herein, nothing in this <br /> Agreement shall obligate or be construed to obligate Canon City to make any capital <br /> improvements to its water treatment, storage, transmission or distribution facilities or <br /> systems in order to satisfy Agile's rights and demands hereunder. <br /> 24. Agile shall not give, sell or otherwise furnish or agree to give, sell or <br /> otherwise furnish any water obtained from Canon City pursuant to this Agreement to <br /> any other person who is not a party to this Agreement or use any water sold and <br /> delivered to Agile hereunder on any property other than on the property described in <br /> Exhibit B. Exhibit B may be amended from time to time during the term hereof to reflect <br /> Agile's acquisition of additional contiguous land during the term hereof. <br /> 25.(a) If authorization for Canon City to deliver raw water to be sold <br /> hereunder to Agile at Agile's intake is not obtained from the Water Court or State <br /> Engineer, or if such authorization, once obtained, is withdrawn or revoked, Canon City <br /> nevertheless agrees to sell treated water to Agile at a point of delivery on land that is <br /> owned or controlled by Agile and which is within the boundaries of Canon City's water <br /> distribution system at the time delivery is requested; provided that all costs to establish <br /> such point of delivery, including, but not limited to, all water line extensions and the cost <br /> of all other facilities and appurtenances required under the City's ordinances, <br /> resolutions, rules, regulations and policies applicable to water service within such <br /> system boundaries shall be paid by Agile prior to delivery of any such treated water. All <br /> treated water sold by Canon City to Agile pursuant to this paragraph shall be billed and <br /> 6 <br />
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