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Agreement <br /> 1, General Terms, The terms of this Agreement shall commence on the Effective Date as <br /> defined in Paragraph 21 below, and continue until the last date for delivery of water as provided <br /> for on the water delivery schedule attached hereto as Exhibit A ("Delivery Schedule") such date <br /> being May 31, 2019. Aurora will commence supplying Reusable Raw Water on June 1,2017 and <br /> cease supplying the Reusable Raw Water on May 31,2019. <br /> 2. Delivery Schedule, Delivery of the Reusable Raw Water will be made in accordance with <br /> the Delivery Schedule. In no event shall the total amount of Reusable Raw Water delivered exceed <br /> the maximum amount set forth in the Delivery Schedule. As long as Aurora is capable of <br /> delivering the Reusable Raw Water to the Delivery Points (defined in Paragraph 3, below) <br /> according to the Delivery Schedule,Frei will be obligated to pay the per-acre foot charge set forth <br /> in Paragraph 8,below,regardless of whether or not Frei requests or uses the Reusable Raw Water, <br /> 3. Delivery Location. <br /> (a) Delivery Points. Frei agrees that Aurora shall initially make its delivery of the Reusable <br /> Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W.Hite treatment <br /> facility ("Hite"), Frei further agrees that Aurora may, in its sole discretion, satisfy its delivery <br /> obligations under this Agreement by delivering the Reusable Raw Water at any other delivery <br /> point or delivery points on the South Platte River (each of Hite and such other delivery points, <br /> hereinafter, a "Delivery Point", and collectively the "Delivery Points"), provided that such <br /> alternative Delivery Points are located within a reach of the South Platte River beginning at or <br /> below Hite,and continuing downstream to a point at or above the location where East 104"'Avenue <br /> crosses the South Platte River("Point of Use"), Frei acknowledges and agrees that the alternate <br /> Delivery Points may include, but are not limited to,other wastewater treatment plants that may be <br /> constructed in the future that discharge Reusable Raw Water owned by Aurora,the Brighton Ditch <br /> Augmentation Stations,the outfall of Walker Reservoir,and the confluence of Sand Creek and the <br /> South Platte River. Aurora will bear the responsibility for delivery of the Reusable Raw Water to <br /> these Delivery Points,and in its sole discretion may determine which of the Delivery Points it will <br /> use at any given time. Once Aurora has completed its delivery of the Reusable Raw Water <br /> hereunder,Frei shall assume sole liability for any loss,damage,or injury that may occur to persons <br /> or property as the direct or indirect result of the control and/or use of said Reusable Raw Water by <br /> Frei. The amount of Reusable Raw Water reflected in the Delivery Schedule was calculated by <br /> Frei to include any transportation losses,or"shrinkage,"from Hite to the Point of Use downstream. <br /> Frei also acknowledges the travel time between the alternate Delivery Points and the Point of Use <br /> varies, but that the timing for Aurora's delivery obligations as provided for under the Delivery <br /> Schedule shall remain the same regardless of Aurora's use of alternative Delivery Points. <br /> (b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of <br /> Reusable Raw Water to be delivered under this Agreement are deemed to be satisfied if Aurora <br /> makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora elects, in its sole <br /> discretion, to make its delivery of any Reusable Raw Water under this Agreement at a Delivery <br /> Point other than Hite,and if delivery at such alternative Delivery Point(s)results in reduced transit <br /> loss, Aurora shall be entitled to retain such avoided transit loss with no credit to Frei in water, <br /> 2 <br />