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2018-09-25_REVISION - M2014043
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2018-09-25_REVISION - M2014043
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Last modified
1/4/2025 5:09:01 AM
Creation date
9/25/2018 3:01:55 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2014043
IBM Index Class Name
REVISION
Doc Date
9/25/2018
Doc Name
Request for Technical Revision
From
DRMS
To
Albert Frei & Sons
Type & Sequence
TR1
Email Name
JLE
MAC
Media Type
D
Archive
No
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amounts of Reusable Raw Water to Frei, Aurora shall refund all advance payments made for that <br /> water not delivered within sixty (60) days of the conclusion of the force majeure event or the <br /> cancellation of the Agreement pursuant to the remaining provisions of this Paragraph. In no <br /> event will any delay or failure of performance caused by any conditions or events of force <br /> mcUeure extend this Agreement beyond its stated term. In the event any delay or failure of <br /> performance on the part of the Party claiming farce majeure continues for an uninterrupted <br /> period of more than one hundred twenty (120) days from its occurrence or inception as noticed <br /> pursuant to this Paragraph, the Party not claiming.force majeure may, at any time following the <br /> end of such one hundred twenty (120) day period, may terminate this !Agreement upon written <br /> notice to the Party claiming force majeure, without further obligation except as to costs and <br /> balances incurred prior to the effective date of such termination. <br /> 20. Sole Obligation of Utility Enterprise. <br /> (a) This Agreement shall never constitute a general obligation or other indebtedness of <br /> (lie City of Aurora ("City"), or a multiple fiscal year direct or indirect debt or other financial <br /> obligation whatsoever of the City within the meaning of the Constitution and laws of the State of <br /> Colorado or of the Charter and ordinances of the City. <br /> (b) In the event of a default by Aurora's Utility Enterprise of any of its obligations under <br /> this Agreement, Frei shall have no recourse for any amounts owed to it against any funds or <br /> revenues of the City except for those revcnttcs derived from rates, fees or charges for the services <br /> furnished by, or the direct or indirect use of, the Water System and deposited in the Water <br /> Enterprise Fund, as the terms "Water System" and "Water Enterprise Fund" as defined in <br /> Aurora's City Ordinance No. 2003-18, and then only after the payment of all operation and <br /> maintenance expenses of the Water System and all debt service and reserve requirements of any <br /> bonds, notes, or other financial obligations of the Utility Enterprise secured by a pledge of the <br /> net revenues of the Water Enterprise Fund. Notwithstanding any language herein to the contrary, <br /> nothing in this Agreement shall be construed as creating a lien upon any revenues of the Utility <br /> Enterprise or the City. <br /> 21. Miscellaneous. <br /> (a) Intent of Agreement. This Agreement is intended to describe the rights and <br /> responsibilities of and between the named Parties, and is not intended to, and shall not be <br /> deemed to confer rights upon any persons or entities not named as Parties, nor to limit in any <br /> way the powers and responsibilities of Aurora, Frei, or any other entity not a party lterela. <br /> (b) Effect of Tnvulidity. If any portion of this Agreement is held invalid or <br /> unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both <br /> Parties, the entire Agreement will terminate. <br /> (c) Waiver of Breach. Waiver of breach or any of the provisions of this Agreement by <br /> either Party shall not constitute a continuing waiver of any subsequent breach by said Party of <br /> either the same or any other provision of this Agreement. <br /> 7 <br />
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