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<br />Party, including, without limitation A) changes in state or federal law or administrative practice
<br />concerning, water rights administration, water quality or stream flow requirements, B) changes in
<br />state water rights administrative practice concerning the reuse of reclaimed wastewater through
<br />leases to others for use at locations other than Aurora, Colorado, including, but not limited to,
<br />challenges to retained dominion and control, C) acts of God, D) sudden actions of the elements
<br />such as floods, earthquakes, hurricanes, or tornadoes, E) sabotage, F) vandalism beyond that which
<br />can be reasonably prevented by the Party, G) terrorism, H) war, I) riots, J) fire, K) explosion, L)
<br />severe cold or hot weather, M) snow, N) drought [a condition more severe than that which occurred
<br />in 2002 in the South Platte River Basin or any basin from which the Reclaimed Wastewater
<br />originates], O) other extreme weather conditions, O) blockades, Q) insurrection, R) strike, slow
<br />down or Iabor disruptions (even if such difficulties could be resolved by conceding to the demands
<br />of a labor group); S) actions by federal, state, municipal, or any other government or agency
<br />(including but not limited to, the adoption or change in any rule or regulation or environmental
<br />constraint imposed by federal, state or local government bodies) but only if such requirements,
<br />actions, or failures to act prevent or delay performance, T) inability, despite due diligence, to obtain
<br />required licenses, permits or approvals, and, U) changes of law relating to financial obligations,
<br />revenues and budgetary matters concerning Colorado local governments and their enterprises. In
<br />the event a force majeure event or condition prevents Aurora from delivering all or part of the
<br />agreed upon amounts of Reclaimed Wastewater to Lessee, Aurora shall refund all advance
<br />payments made for that water not delivered within sixty (60) days of the conclusion of the force
<br />majeure event or the cancellation of the Agreement pursuant to the remaining provisions of this
<br />Paragraph. In no event will any delay or failure of performance caused by any conditions or events
<br />of force majeure extend this Agreement beyond its stated term. In the event any delay or failure
<br />of performance on the part of the Party claiming force majeure continues for an uninterrupted
<br />period of more than one hundred twenty (I20) days from its occurrence or inception as noticed
<br />pursuant to this Paragraph, the Party not claiming force majeure may, at any time following the
<br />end of such one hundred twenty (120) day period, terminate this Agreement upon written notice
<br />to the Party claiming force majeure, without further obligation except as to costs and balances
<br />incurred prior to the effective date of such termination.
<br />13. Subordination Clause. This Agreement shall be made expressly subordinate to any
<br />present or future city use of effluent for purposes of augmentation, exchange, or any other use
<br />which is or will be of greater direct benefit to Aurora and the users of its water delivery system, as
<br />well as to the water supply obligations which Aurora has incurred or will incur through any of the
<br />following: (a) the October 25, 1993, Effluent Agreement with the State of Colorado, Division of
<br />Parks and Outdoor Recreation and any renewals thereof; (b) its obligations pursuant to Water
<br />Division 1, Case Nos. 95CW226 & 227, Case No. 99CW158, Case No. OICW284 and Case No.
<br />02CW341; (c) the November 30, 2007, Water Supply Agreement with the Rocky Mountain Energy
<br />Center, LLC; (d) the May 20, 2003, Water Rights Purchase and Sale Agreement with the City of
<br />Thornton, Colorado; (e) the May 19, 2006, Reusable Water Agreement with the Central Colorado
<br />Water Conservancy District, and (f) any and all obligations resulting from any firm delivery annual
<br />lease or delivery contract of Reclaimed Wastewater executed prior to the date of this Agreement.
<br />The foregoing subordination does not, in and of itself, create an excuse for Aurora's failure to
<br />deliver the Reclaimed Wastewater under this Agreement, however, Aurora and Lessee agree that
<br />the purpose and effect of the foregoing subordination is to establish a priority among and between
<br />Aurora's obligation under this Agreement and Aurora's other obligation with respect to its
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