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charges set forth or actually paid pursuant to the Cripple Creek Agreement. In addition, <br /> CC&V shall reimburse Victor for any and all reasonable costs and expenses Victor incurs <br /> for Victor's operations necessary to deliver the Transferred water to CC&V (including <br /> Increased lifting or pumping costs), in addition to the Cripple Creek Expenses, since the <br /> former are not charges actually paid pursuant to the Cripple Creek Agreement. <br /> c. Additional Water. The Transferred Water purchased from Victor for <br /> delivery to CC&V shall be in addition to the Victor Water purchased and delivered to <br /> CC&V pursuant to this Application,and shall not be considered within the maximum water <br /> delivery limitation set forth In Paragraph 5.c. <br /> d. Right to Purchase. CC&V shall not have the right to purchase and <br /> take delivery of the Transferred Water if it is not in compliance with its obligations and <br /> duties hereunder, including but not limited to CC&V's obligation to compensate Victor for <br /> the Victor Water delivered to CC&V. Notwithstanding any other provision of this <br /> Application, CC&V shall have the right to purchase the Transferred Water pursuant <br /> hereto, if it is unable to purchase the full amount of the Victor Water because it is legally i <br /> unavailable for the use that is required by CC&V. CC&V's right to purchase pursuant to <br /> the conditions set forth in the preceding sentence shall be limited to the volume of water i <br /> that would have otherwise been provided to CC&V by Victor but for the legal unavailability. i <br /> (Example: If Victor is not able to provide its water to CC&V for augmentation purposes, <br /> then CC&V shall have the right to purchase its augmentation water from Cripple Creek or <br /> any other viable third party.) The water to be delivered to CC&V by virtue of the <br /> agreement between Victor and Cripple Creek will be from releases from storage in Cripple f <br /> Creek's Reservoir Nos. 2 and 3 or from Gillette Well No. 5 consistent with the Cripple <br /> Creek agreements. <br /> i <br /> e. Cripple Creek limitations. CC&V acknowledges that Victor's ability <br /> to provide the Transferred Water may be limited pursuant to the terms of the Cripple I <br /> Creek Agreement that represent conditions beyond the control of Victor("Cripple Creek <br /> Limitations'). In the event Victor is notified of any Cripple Creek Limitations itwill promptly i <br /> notify CC&V and CC&V shall not hold Victor liable for Its inability to deliver the affected ! <br /> Transferred Water; provided,however,CC&V shall not be responsible to reimburse Victor <br /> for any Cripple Creek Water not delivered as a result of Cripple Creek Limitations. <br /> 7. Operation and Maintenance. Victor shall be responsible for the <br /> maintenance and repair of the infrastructure up to and including the Taps. CC&V shall <br /> be responsible for the construction, maintenance and repair of all related Infrastructure <br /> for such facilities beyond the Taps. In addition, the terms and conditions of the OMA, a <br /> copy of which is attached hereto,are incorporated herein and remain in full force an affect. <br /> The OMA provides for the operation,maintenance and repair of the Altman Pump Station. <br /> B. Water Shortage.Victor's obligation to sell and deliver water hereunder shall <br /> be suspended to the extent and for such period that a foreseeable water shortage exists <br /> within Victor and to the extent the Victor Water Is required to supply the needs of the <br /> residents of Victor. A foreseeable water shortage Is defined as a shortage of Victor's <br /> available water supplies resulting from circumstances and causes beyond Victor's control <br /> 5 <br />