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8. All notices required to be given or made under the Water Lease shall be in writing and <br />sent by United States mail or hand delivery to the following addresses: <br />To Westminster: City of Westminster <br />Director of Public Works and Utilities <br />4800 West 92"d Avenue <br />Westminster, Colorado 80031 <br />Facsimile: (303) 706-3927 <br />To AI: Senior Vice President <br />Aggregate Industries - WCR, Inc. <br />1707 Cole Boulevard, Suite 100 <br />Golden, Colorado 80401 <br />Facsimile: (303) 716-5340 <br />All notices will be deemed effective one (1) day after hand delivery, or if mailed, upon <br />receipt. Either party, by written notice, may change the address to which future notices, billings, or <br />payments shall be sent. <br />9. Findings of Westminster City Council. This lease of Consumable Water is made <br />pursuant to the following findings hereby entered by the Westminster City Council: In the judgment <br />of City Council, the terms of this Water Lease Agreement, including the payments received from the <br />lease, will result in improvement of the capacity, efficiency, or service of Westminster's utility <br />system, and Westminster enters into this Water Lease Agreement and will effect the lease of <br />Consumable Water from Westminster's utility system and use the payment there from to facilitate <br />improvements of Westminster's utility system. <br />10. In accordance with the requirements of Section 14.3 (a) of the Westminster City <br />Charter, Westminster's obligations to deliver water under this Water Lease Agreement may be <br />curtailed under the following circumstances. If, in Westminster's sole discretion, Westminster <br />adopts mandatory citywide water use restrictions as a result of drought conditions, dam failure, or <br />other catastrophic circumstance limiting Westminster's ability to satisfy the indoor water supply <br />needs of its citizens, Westminster may curtail daily deliveries to Al under this lease by an amount <br />consistent with said mandatory citywide water use restrictions. Once any such mandatory citywide <br />water use restrictions expire or are otherwise lifted, Westminster shall immediately thereafter resume <br />full daily deliveries under this Water Lease Agreement. <br />11. If, for any reason Westminster is temporarily unable to satisfy its obligations for <br />delivery of water to Al under this Water Lease Agreement for any period of time, the parties agree <br />that any damages resulting to Al therefrom shall be limited to a pro rata refund of the total lease <br />payment. Westminster shall not be liable for any consequential, exemplary or punitive damages for <br />failure to deliver water pursuant to this Water Lease Agreement. Other than a pro rata refund of the <br />total lease payment, no other damages maybe asserted or paid by Westminster to Al as a result ofthe <br />inability to delivery water. Al expressly waives any and all other claims of damages. <br />N <br />