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Agreement <br /> 1. Urisinal Agreement Terminated. The Original Agreement is terminated and replaced <br /> with this Agreement on the Effective Date as defined in Paragraph 22,below. <br /> 2. General Terms. The terms of this Agreement shall commence on the Effective Date, as <br /> defined in Paragraph 22 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 September 30, 2019, unless the Delivery Schedule is amended pursuant to Paragraph 17, <br /> below. Aurora commenced supplying Reusable Raw Water to Frei on June 1, 2017 under the <br /> Original Agreement. <br /> 3. 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 <br /> exceed 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 4, below) <br /> according to the Delivery Schedule, Frei will be obligated to pay the per-acre foot charge set <br /> forth in Paragraph 9, below, regardless of whether or not Frei requests or uses the Reusable Raw <br /> Water. <br /> 4. Delivery Location. <br /> (a) Delivery Points, Frei agrees that Aurora shall initially make its delivery of the <br /> Reusable Raw Water nt the outfall of the Metro Wastewater Reclamation District's Robert W. <br /> Hite treatment facility ("Hite"). Frei further agrees that Aurora may, in its sole discretion, satisfy <br /> its delivery obligations under tlus Agreement by delivering the Reusable Raw Water at any other <br /> delivery point or delivery points on the South Platte River(each of I•Iite and such other delivery <br /> points, hereinafter, a "Delivery Point", and collectively the "Delivery Points"), provided that <br /> such alternative Delivery Points are located within a reach of the South Platte River beginning at <br /> or below Hite, and continuing downstream to a point at or above the location where East 1041h <br /> Avenue crosses the South Platte River ("Point of Use"). Frei acknowledges and agrees that the <br /> alternate Delivery Points may include, but are not limited to, other wastewater treatment plants <br /> that may be constructed in the future that discharge Reusable Raw Water owned by Aurora, the <br /> Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of <br /> Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the <br /> Reusable Raw Water to these Delivery Points, and in its sole discretion may determine which of <br /> the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the <br /> Reusable Raw Water hereunder, Frei shall assume sole liability for any loss, damage, or injury <br /> that may occur to persons or property as the direct or indirect result of the control and/or use of <br /> said Reusable Raw Water by Frei. The amount of Reusable Raw Water reflected in the Delivery <br /> Schedule was calculated by Frei to include any transportation losses,or "shrinkage,"from Hite to <br /> the Point of Use downstream. Frei also acknowledges the travel time between the alternate <br /> Delivery Points and the Point of Use varies, but that the timing for Aurora's delivery obligations <br /> as provided for under the Delivery Schedule shall remain the same regardless of Aurora's use of <br /> alternative Delivery Points. <br />