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14. Determination of Water Availability by Pueblo Water. Pueblo Water has determined <br />that the welfare of Pueblo and its inhabitants requires a stable water supply not only for its <br />citizens but also for the other customers of Pueblo Water putting to beneficial use the water <br />belonging to Pueblo Water. Therefore, the extent to which limitation of water delivery outside <br />Pueblo may be necessary to enable Pueblo Water to provide adequately for users inside Pueblo is <br />a fact to be determined by Pueblo Water in the exercise of its reasonable discretion from time to <br />time as occasion may require. <br />15. Interruption of Water Supply Beyond Pueblo Water's Control. While it is the <br />Purpose of Pueblo Water to maintain a water supply adequate to meet the needs of the <br />metropolitan area logically dependent on Pueblo Water for water supply and for its temporary <br />contract customers, there are many elements that make it uncertain whether the supply can <br />always be adequate for all. Both parties to this Agreement recognize that the water supply for <br />Pueblo Water and its water customers is dependent upon sources from which the supply is <br />variable in quantity and beyond the control of Pueblo Water. No liability in tort or contract <br />attaches to Pueblo Water hereunder on account of any failure to accurately anticipate availability <br />of water supply, or because of an actual failure to supply water due to inadequate runoff or <br />inadequate storage, arising from an occurrence beyond the reasonable control of Pueblo Water, <br />including, but not limited to, act of God, strike, war, insurrection, or inability to serve arising out <br />of the order of any court, or the lawful order of any governmental entity clothed with authority to <br />regulate matters pertaining to water, public utilities, public health, or pollution control. <br />16. Emergencies or Water Shortages. The parties agree that from time to time emergency <br />or shortage situations may arise where there is a necessity to limit the use of water for customers <br />of Pueblo Water. The parties agree that the necessity for such limitation is a fact to be <br />determined by Pueblo Water in the exercise of its reasonable discretion from time to time, as <br />occasion may require. It is hereby agreed that Pueblo Water may adopt, in the situation of <br />emergency or shortage, such reasonable restrictions on uses or priorities for curtailed use, as may <br />be necessary to adapt to such emergency conditions or shortage. Lessee agrees that no liability <br />in tort or contract attaches to Pueblo Water hereunder on the account of the necessity for <br />adopting and implementing such policies to meet emergency conditions or shortage. <br />17. Not a Permanent Supply. The Parties understand and agree that this Agreement is not <br />to be interpreted as any commitment on the part of Pueblo Water to furnish water to Lessee on a <br />permanent basis, but rather to provide Lessee with water from Pueblo Water for the temporary <br />period of the term of this Agreement. <br />18. Sales Tax or Other Taxes. In the event any sales tax or other tax is levied on the water <br />leased under this Agreement, Lessee agrees to pay said tax. Lessee may, however, contest the <br />imposition of any such tax at its own expense, and the requirement of such payment under this <br />Agreement is without prejudice to Lessee's right to contest any attempted imposition of tax. <br />Page 4 of 7 <br />