2016-02-17_HYDROLOGY - M1997058 (2)

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OCT a 4 2011 :=TATE Ehl !rlr-c� 12. Amendment. This Agreement may be amended,modified,changed,or terminated in whole or in part only by written agreement duly authorized and executed by the parties hereto. 13. Enforcement. The parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive,or other appropriate relief, including damages,as may be available according to the laws of the State of Colorado. It is specifically understood that, by executing this Agreement,each party commits itself to perform pursuant to the terms hereof,and that any breach hereof resulting in any recoverable damages shall not thereby cause the termination of any obligations created by this Agreement unless such termination is requested by the party not in breach hereof. 14. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the Weld County District Court. 15. Failure to Perform Due to Force Maieure. Subject to the terms and conditions in this Paragraph, no party to this Agreement shall be liable for any delay or failure to perform under this Agreement due solely to conditions or events of force majeure,as that term is specifically defined herein; provided that: A)the non performing party gives the other party prompt written notice describing the particulars of the occurrence of the force majeure;B)the suspension of performance is of no greater scope and of no longer duration than is required by the force majeure event or condition;and C)the non-performing party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other party describing the actions taken to remedy the consequences of the force majeure event or condition. As used herein force majeure shall mean any delay or failure of a party to perform its obligations under this Agreement caused by events beyond the party's reasonable control,and without the fault or negligence of the party, including,without limitation A)changes in state or federal law or administrative practice concerning,water rights administration, water quality or stream flow requirements, B)changes in state water tights administrative practice concerning the reuse of Fully Reusable Water through leases to others for use at locations other than Aurora, Colorado, including, but not limited to, challenges to retained dominion and control,C)acts of God, D) sudden actions of the elements such as floods,earthquakes, hurricanes,or tornadoes, D) sabotage, F) vandalism beyond that which can be reasonably prevented by the party, G) terrorism, H)war, 1)riots,J) fire, K) explosion, L)severe cold or hot weather, M)snow, N) drought[a condition more severe than that which occurred in the years 1954-1957 in the South Platte River Basin] O) other extreme weather conditions,O) blockades,Q)insurrection, R) strike,slow down or labor disruptions(even if such difficulties could be resolved by conceding to the demands of a labor group); S) actions by federal,state,municipal,or any other government or agency (including but not limited to, the adoption or change in any rule or regulation or environmental constraint imposed by federal,state or local government bodies)but only if such requirements,actions,or failures to act prevent or delay performance,T) inability, despite due diligence, to obtain required licenses, permits or approvals,and, U)changes of law relating to financial obligations,revenues and budgetary matters concerning Colorado local governments and their enterprises. In the event a force majeure event or condition prevents Aurora from delivering all or part of the agreed upon amounts of Fully Reusable Water to Lessee, Aurora shall refund all advance payments made for that water not delivered within sixty 4 BestWayLease