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conclusion of the force majeure event or the cancellation of the Agreement pursuant to the <br /> remaining provisions of this Paragraph. In no event will any delay or failure of performance <br /> caused by any conditions or events of force majeure extend this Agreement beyond its stated term. <br /> In the event any delay or failure of performance on the part of the Party claiming force majeure <br /> continues for an uninterrupted period of more than one hundred twenty (I20) days from its <br /> occurrence or inception as noticed pursuant to this Paragraph,the Party not claiming force majeure <br /> may, at any time following the end of such one hundred twenty (1.20) day period, may terminate <br /> this Agreement upon written notice to the Party claiming force majeure,without further obligation <br /> except as to costs and balances incurred prior to the effective date of such termination. <br /> 19. Sole Obligation of Utility Enterprise. <br /> (a) This Agreement shall never constitute a general obligation or other indebtedness of the <br /> City of Aurora("City"),or a multiple fiscal year direct or indirect debt or other financial obligation <br /> whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado <br /> or of the Charter and ordinances of the City. <br /> (b) In the event of a default by Aurora's Utility Enterprise of any of its obligations under <br /> this Agreement, Ready Mixed shall have no recourse for any amounts owed to it against any funds <br /> or revenues of the City except for those revenues derived from rates, fees or charges for the services <br /> furnished by, or the direct or indirect use of, the Water System and deposited in the Water <br /> Enterprise Fund,as the terms"Water System" and "Water Enterprise Fund" as defined in Aurora's <br /> City Ordinance No. 2003-18, and then only after the payment of all operation and maintenance <br /> expenses of the Water System and all debt service and reserve requirements of any bonds, notes, <br /> or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of <br /> the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this <br /> Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the <br /> City. <br /> 20. Miscellaneous. <br /> (a) Intent of Agreement. This Agreement is intended to describe the rights and <br /> responsibilities of and between the named Parties, and is not intended to, and shall not be deemed <br /> to confer rights upon any persons or entities not named as Parties, nor to limit in any way the <br /> powers and responsibilities of Aurora, Ready Mixed,or any other entity not a party hereto. <br /> (b) Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable <br /> for any reason by a court of competent jurisdiction as to either Party or as to both Parties, the entire <br /> Agreement will terminate. <br /> (c) Waiver of Breach. Waiver of breach of any of the provisions of this Agreement by <br /> either Party shall not constitute a continuing waiver of any subsequent breach by said Party of <br /> either the same or any other provision of this Agreement. <br /> 7 <br />