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paid for at the base water rate provided for at paragraph 6(a) hereof without any <br /> discount. <br /> (b) In the event Canon City is unable to deliver raw water to Agile at Agile's <br /> intake described in Exhibit A, and as an alternative to the sale of treated water pursuant <br /> to subparagraph 25(a) above, Canon City agrees to sell and deliver raw water to Agile <br /> at facilities developed at Agile's sole cost to accommodate the delivery of such raw <br /> water to one or more tanker cars on a railroad line or spur located near the Burnito <br /> Crossing that is owned, controlled or otherwise available for Agile' use for that specific <br /> purpose; provided that the establishment and operation of su h facilities must not <br /> violate or otherwise jeopardize any of Canon City's water hts or violate any <br /> applicable local, state or federal law, rule or regulation. <br /> 26. This Agreement shall inure to the benefit of and be binding upon the <br /> respective parties hereto. This is the entire agreement of the parties. This Agreement <br /> supercedes and replaces any and all prior direct and indirect understandings, contracts <br /> and agreements between Canon City and Agile. This Agreement may be amended, <br /> modified or extended only by and through a written agreement sig ed by the authorized <br /> representatives of both parties hereto. <br /> 27. Each of the parties hereto represents and warrants that it has all <br /> necessary power and authority to execute this Agreement and each shall furnish to the <br /> other written evidence of such authorization in the form of a duly-adopted written <br /> resolution. <br /> The parties have signed this Agreement as of the date first�Irritten above. . <br /> Canon City, Coloratlo <br /> ATTEST: a Muni ' al rparation <br /> By: By: I eig <br /> Becky W rthen, City Clerk E. Lavelle Craig, ayor <br /> ATTEST: Agile StonWS,,q ms, Inc. <br /> By. By: <br /> Secretary itch Albert, res ent <br /> 7 <br />