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2016-02-17_HYDROLOGY - M1997058 (2)
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2016-02-17_HYDROLOGY - M1997058 (2)
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Last modified
10/12/2020 10:06:40 PM
Creation date
2/22/2016 2:48:01 PM
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Template:
DRMS Permit Index
Permit No
M1997058
IBM Index Class Name
Hydrology
Doc Date
2/17/2016
Doc Name
Substitute Water Supply Plan
From
DWR
To
DRMS
Email Name
ECS
Media Type
D
Archive
No
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OCT 04 M! <br /> STATE ENG!^:e cc' <br /> (,7r <br /> 28. No Attorneys' Fees. In the event of any litigation,mediation,arbitration or other <br /> dispute resolution process arising out of or related to this Agreement each party agrees to be <br /> responsible for its own attorneys' and other professional fees,costs and expenses associated with <br /> any such proceedings. <br /> 29. No Construction Against Drafter. This Agreement was drafted by Aurora with <br /> review and comment from the attorney for Lessee. Accordingly, the parties agree the legal <br /> doctrine of construction against the drafter will not be applied should any dispute arise <br /> concerning this Agreement. <br /> 30. Sole Obligation of Utility Enterprise. The parties agree that any and all <br /> obligations of City under this Agreement are the sole obligations of the City of Aurora Utility <br /> Enterprise,and as such,shall not constitute a general obligation or other indebtedness of the City <br /> of Aurora or a multiple fiscal year direct or indirect debt or other financial obligation whatsoever <br /> of the City of Aurora within the meaning of any constitutional,statutory,or charter limitation. <br /> The parties also agree that, in the event of a default by Aurora on any of its obligations under this <br /> Lessee shall not have any recourse against any of the properties or revenues of the City of <br /> Aurora, except that in order to satisfy any non-appealable judgment against Aurora, Lessee shall <br /> have recourse against the net revenues of the Aurora Water System that are available therefor in <br /> the City of Aurora Utility Enterprise Water Fund,or any successor enterprise fund,after payment <br /> of all expenses related to the operation and maintenance and bonds, loans and other financial <br /> obligations of said Aurora Water System. <br /> IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the date <br /> First above written. <br /> 7 BestWaytease <br />
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