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2016-02-17_HYDROLOGY - M2004078
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2016-02-17_HYDROLOGY - M2004078
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Entry Properties
Last modified
10/12/2020 10:11:16 PM
Creation date
2/19/2016 11:31:31 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2004078
IBM Index Class Name
Hydrology
Doc Date
2/17/2016
Doc Name
Water Replacement Plan
From
DWR
To
DRMS
Email Name
PSH
ECS
Media Type
D
Archive
No
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To Lafarge: Director of Environment <br /> Lafarge West,Inc. <br /> • •" •10170"•lituc Raslch-Way; Surte200 - <br /> Westminster, CO 80021 <br /> or as to such other addresses as either party may hereafter from time to time designate by <br /> written notice to the other party in accordance with this paragraph. Notice shall be <br /> effective upon receipt. <br /> 25. Non-Business Days. If any date for any action under this Agreement falls <br /> on a Saturday, Sunday or a day that is a`holiday" as such term is defined in Rule 6 of the <br /> Colorado Rules of Civil Procedure,then the relevant date shall be extended automatically <br /> until the next business day. <br /> 26. Commissions and Fees. Each party shall be solely responsiblc fox-the <br /> payment of any and all real estate commissions or other commissions or fees that it incurs <br /> with respect to this Agreement. <br /> 27, Governing Law. This Agreement and its application shall be construed in <br /> accordance with the laws of the State of Colorado. <br /> 28. No Attorney Fees. In the event of any litigation,mediation, arbitration or <br /> other dispute resolution process arising out of or related to this Agreement each party <br /> agrees to be responsible for its own attorney and other professional fees, costs and <br /> expenses associated with any such proceedings. <br /> 29. No Construction Against Drafter. This Agreement was drafted by <br /> Aurora with review and comment from the attorney for Lafarge. Accordingly,the Parties <br /> agree the legal doctrine of construction against the drafter will not be applied should any <br /> dispute arise concerning this Agreement. <br /> 30. Sole Obligation of Utility Enterprise. The Parties agree that any and all <br /> obligations of Aurora under this Agreement are the sole obligations of Aurora Utility <br /> Enterprise,and as such, shall not constitute a general obligation or other indebtedness of <br /> Aurora or a multiple fiscal year direct or indirect debt or other financial obligation <br /> whatsoever of Aurora within the meaning of any constitutional,statutory, or charter <br /> limitation. The Parties also agree that,in the event of a default by Aurora on any of its <br /> obligations under this Assignment,Lafarge shall not have any recourse against any of the <br /> properties or revenues of Aurora,except that in order to satisfy any non-appealable <br /> judgment against Aurora,Lafarge shall have recourse against the net revenues of the <br /> Aurora Water System that are available therefor in the City of Aurora Utility Enterprise <br /> Water Fund, or any successor enterprise fund,after payment of all expenses related to the <br /> 941 RICA16 M6.1 8 <br />
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