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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 /> 18. 14'allure to Perform Due to Toree Ma_ieure. Subject to the terms and conditions in this
<br /> Paragraph,no Party to this Agreement shall be liable for any delay or failure to perform under this
<br /> Agreement due solely to conditions or events of force►najeure,as that term is specifically defined
<br /> herein; provided that: (a) the non-performing Party gives the other Party prompt written notice
<br /> describing the particulars of the occurrence of the force majew-e;(b)the suspension of performance .
<br /> is of no greater scope and of no longer duration than is required by the force majeure event or
<br /> condition; and (c) the non-performing Party proceeds with reasonable diligence to remedy its
<br /> inability to perform and provides weekly progress reports to the other Party describing the actions
<br /> taken to remedy the consequences of the force►najewe event or condition. As used herein force
<br /> ►ruYeure shall mean any delay or failure of a Party to perform its obligations under this Agreement
<br /> caused by events beyond the Party's reasonable control,and without the fault or negligence of the
<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 reusable raw water through leases
<br /> or other agreements to others for use at locations other than Aurora, Colorado,including,but not
<br /> limited to, challenges to retained dominion and control, C) acts of God, D) sudden actions of the
<br /> elements such as floods,earthquakes,hurricanes, or tornadoes,E)sabotage,F)vandalism beyond
<br /> that which can be reasonably prevented by the Party, G) terrorism, H) war, I) riots, J) fire, K)
<br /> explosion, Q severe cold or hot weather,M) snow,N)drought [a condition more severe than that
<br /> which occurred in 2002 in the South Platte River Basin or any basin from which the Reusable Raw
<br /> Water originates) O) other extreme weather conditions, P) blockades, Q) insurrection, R) strike,
<br /> slow down or labor disruptions (even if such difficulties could be resolved by conceding to the
<br /> demands of a labor group); S) actions by federal, state, municipal, or any other government or
<br /> agency (including but not limited to, the adoption or change in any rule or regulation or
<br /> environmental constraint imposed by federal, state or local government bodies) but only if such
<br /> requirements, actions, or failures to act prevent or delay performance, T) inability, despite due
<br /> diligence, to obtain required licenses, permits or approvals, and, U) changes of law relating to
<br /> financial obligations,revenues and budgetary matters concerning Colorado local governments and
<br /> their enterprises. In the event a force majeure event or condition prevents Aurora from delivering
<br /> all or part of the agreed upon amounts of Reusable Raw Water to Frei, Aurora shall refund all
<br /> advance payments made for that water not delivered within sixty (60) days of the conclusion of
<br /> the force majeure event or the cancellation of the Agreement pursuant to the remaining provisions
<br /> of this Paragraph. In no event will any delay or failure of performance caused by any conditions
<br /> or events of force majew-c extend this Agreement beyond its stated term. In the event any delay
<br /> or failure of performance on the part of the Party claiming force majeure continues for an
<br /> uninterrupted period of more than one hundred twenty(120)days from its occurrence or inception
<br /> as noticed pursuant to this Paragraph, the Party not claiming force majer►re may, at any time
<br /> following the end of such one hundred twenty (120) day period, may terminate this Agreement
<br /> upon written notice to the Party claiming force majecrre, without further obligation except as to
<br /> costs and balances incurred prior to the effective date of such termination.
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