Laserfiche WebLink
Best COPY Available <br />Reclaimed Wastewater in the event of a force majeure event or other delay or interruption in <br />Aurora's delivery of the Reclaimed Wastewater. <br />14. No Opposition to Aurora Water Court Matters. From the date of execution of this <br />Agreement through the conclusion hereof, Lessee agrees that neither it nor any successors, if any <br />are allowed, will oppose Aurora in any Colorado Water Court Applications filed by Aurora. <br />15. Aurora Right to Request Reuse. The Parties hereto acknowledge that hydrologic and <br />other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed <br />Wastewater flow available to it under this Agreement. Aurora may contact Lessee, not more <br />frequently than once per day, to determine if any of the Reclaimed Wastewater leased hereunder <br />will not be needed. <br />16. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity <br />for specific performance, injunctive, or other appropriate relief, including damages, as may be <br />available according to the laws of the State of Colorado. It is specifically understood that, by <br />executing this Agreement, each Party commits itself to perform pursuant to the terms hereof, and <br />that any breach hereof resulting in any recoverable damages shall not thereby cause the termination <br />of any obligations created by this Agreement unless such termination is requested by the Party not <br />in breach hereof. <br />17. Sole Obligation of Utility Enterprise. <br />(a) This Agreement shall never constitute a general obligation or other indebtedness of <br />the City of Aurora ("City"), or a multiple fiscal year direct or indirect debt or other financial <br />obligation whatsoever of the City within the meaning of the Constitution and Iaws of the State of <br />Colorado 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 <br />under this Agreement, Lessee 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" are defined in City <br />Ordinance No. 2003-18, and then only after the payment of all operation and maintenance expenses <br />of the Water System and all debt service and reserve requirements of any bonds, notes, or other <br />financial obligations of the Utility Enterprise secured by a pledge of the net revenues of the Water <br />Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this Agreement <br />shall be construed as creating a lien upon any revenues of the Utility Enterprise or the City. <br />18. 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 or as authorized assigns, nor to <br />limit in any way the powers and responsibilities of Aurora, Lessee, or any other entity not a party <br />or assign hereto. <br />(b) Entire Agreement. This Agreement represents the entire agreement of the Parties <br />and neither Party has relied upon any fact or representation not expressly set forth herein. All prior <br />6 <br />