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17. Amendment. This Agreement may be amended, 'modified, changed, or terminated in
<br /> whole or in part only by written agreement duly authorized and executed by the Parties hereto,
<br /> except that amendments to the Delivery Schedule, including timing, amounts and termination
<br /> date, may be authorized at Aurora's sole discretion and written consent, after request by Frei
<br /> pursuant to Notice under Paragraph 21, below. In no event shall the Delivery Schedule extend
<br /> beyond December 31, 2020.
<br /> 18. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity
<br /> f'or specific performance, injunctive, or other appropriate relief, including damages, as may be
<br /> available according to the laws of the State of Colorado, it is specifically understood that, by
<br /> 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
<br /> termination of any obligations created by thus Agreement unless such termination is requested by
<br /> the Party not in breach hereof.
<br /> 19. Failure to Perform Due to Force Maleure, 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
<br /> this Agreement due solely to conditions or events of farce mcleure, as that term is specifically
<br /> defined herein; provided that: (a) the non-performing. Party gives the other Party prompt written
<br /> notice describing the particulars of the occurrence of the force majeure; (b) the suspension of
<br /> performance is of no greater scope and of no longer duration than is required by the force
<br /> mcfeure event or condition; and (c) the non-performing Party proceeds with reasonable diligence
<br /> to remedy its inability to perform and provides weekly progress reports to the other Party
<br /> describing the actions taken to remedy the consequences of the farce majeure event or condition.
<br /> As used herein force majeure shall mean any delay or failure of a Party to perform its obligations
<br /> under this Agreement caused by events beyond the Party's reasonable control, and without the
<br /> fault or negligence of the Party, including, without limitation A) changes in state or federal law
<br /> or administrative practice concerning, water rights administration, water quality or stream flow
<br /> requirements, 13) changes in state water rights administrative practice concerning the reuse of
<br /> reusable raw water through leases or other agreements to others for use at locations other than
<br /> Aurora, Colorado, including, but not limited to, challenges to retained dominion and control, C)
<br /> acts of God, D) sudden actions of the elements such as floods, earthquakes, hurricanes, or
<br /> tornadoes, E) sabotage, f) vandalism beyond that which can be reasonably prevented by the
<br /> Party. G) terrorism, H) war, 1) riots, J) fire, K) explosion, Q severe cold or hot weather, M)
<br /> snow, N) drought [a condition more severe than that which occurred in 2002 in the South Platte
<br /> River Basin or any basin from which the Reusable Raw Water originates] O) other extreme
<br /> weather conditions, P) blockades, Q) insurrection, R) strike, slow down or labor disruptions
<br /> (even if such difficulties could be resolved by conceding to the demands of a labor group); S)
<br /> actions by federal, state, municipal, or any other government or agency(including but not limited
<br /> to, the adoption or change in any rule or regulation or environmental constraint imposed by
<br /> federal, state or local government bodies)but only if such requirements,actions, or failures to act
<br /> prevent or delay performance, T) inability, despite due diligence, to obtain required licenses,
<br /> permits or approvals, and, U) changes of law relating to financial obligations, revenues and
<br /> budgetary matters concerning Colorado local governments and their enterprises. In the event a
<br /> farce majeure event or condition prevents Aurora from delivering all or part of the agreed upon
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