2018-08-30_HYDROLOGY - M2017032 (2)

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right of first refusal, whichever is later, the purchase price shall be increased to include interest at a rate of 7% per annum calculated from the date closing would have occurred under the purchase contract. 13. Termination. a. Either Party may terminate this Agreement by written Notice to the other Party, pursuant to Paragraph 16, below, by December 31S1 of the last year of the current Term prior to automatic renewal. b. If for any reason the sources of water for the Twin Lakes Shares or Meredith Reservoir Water are unavailable for delivery to the Delivery Point by Chris Tomky or Aurora, respectively, or unavailable for use as contemplated under this Agreement, including but not limited to either Party's inability to obtain any necessary permission as provided for in Paragraph 4, above, this Agreement will terminate with no further duties owing from either Party to the other. 14. Governmental Immunity. Notwithstanding any provisions of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, either expressed or implied, of the monetary limitations on liability or any of the immunities, rights, benefits or protections provided to Aurora under the Colorado Governmental Immunity Act, § 24- 10-101, et seq. C.R.S., as amended or as may be amended. The Parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the alleged negligence of Aurora, its officials and employees is controlled or limited by said Act, as amended or as may be amended. Any provision of this Agreement, whether or not incorporated herein by reference, shall not be interpreted to control, limit or otherwise modify so as to limit any liability protection of Aurora pursuant to the above cited laws. 15. Sole Obligation of Utility Enterprise. a. This Agreement shall never constitute a general obligation or other indebtedness of the City of Aurora ("City"), or a multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado or of the Charter and ordinances of the City. b. In the event of a default by Aurora's Utility Enterprise of any of its obligations under this Agreement, Chris Tomky shall have no recourse for any amounts owed to him against any funds or revenues of the City except for those revenues derived from rates, fees or charges for the services furnished by, or the direct or indirect use of the Water System, and deposited in the Water Enterprise Fund as the terms "Water System" and "Water Enterprise Fund" are defined in City Ordinance No. 2003-18, and then only after the payment of all operation and maintenance expenses of the Water System, and all debt service and reserve requirements of any bonds, notes, or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the City.