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and such shortages cause Victor to impose stringent water use restrictions upon Its <br /> residents in order to preserve the public health. Victor shall notify CC&V promptly <br /> whenever such foreseeable water shortage appears to be reasonably foreseeable. Victor <br /> shall be relieved of Its delivery obligations to CC&V pursuant to the terms of this <br /> Paragraph 8 only upon at least thirty (30) days' prior written notice to CC&V. If Victor <br /> does not deliver water to CC&V pursuant to the terms of this Paragraph 8 and CC&V has <br /> made payments to Victor for the delivery of Victor Water, Victor shall refund CC&V the <br /> full amount paid for such undelivered water. In addition, in the event Victor Is unable to <br /> deliver the Victor Water for the reasons stated above, CC&V shall be entitled to use <br /> Victor's facilities to deliver water purchased from third parties, specifically including the <br /> Transferred Water, subject to the provisions of Paragraph 5.c. <br /> 9. Farce Maieure. Except as set forth below, the obligations of the Parties <br /> hereunder shall be suspended to the extent and for such period that performance is <br /> prevented due to any cause outside the reasonable control of the Parties or a Party, as <br /> applicable, such causes Include, but are not limited to, acts of God, acts of war, fire, <br /> explosion, earthquake, storm, flood, economic conditions or circumstances that make it <br /> infeasible to continue operations, and material and substantial breakdown of equipment, i <br /> machinery, or necessary facilities provided by Victor. Further, CC&V shall have no <br /> obligation to pay for Water that Victor is unable to deliver or make available for delivery <br /> and Victor shall have no obligation to refund payments already made by CC&V for such <br /> undelivered water. Exceptions to this suspension are as follows: <br /> a. The "wheeling" right set forth In Paragraph 5.c. shall not be <br /> suspended unless this Application is terminated or canceled; <br /> b. This Application may be terminated by Victor, and all obligations <br /> hereunder shall end, if any suspension pursuant to this Paragraph 9 <br /> continues for a period longer than six (6) months and during such <br /> time CC&V has made no monthly payments. If Victor elects to <br /> terminate pursuant to the provisions of this Section 9, Victor shall <br /> provide CC&V with ten (10) days written notice before the effective <br /> date of said termination. Notwithstanding termination of this <br /> Application,Victor shall have the right and option to seek recovery of <br /> all billed, due and unpaid amounts from CC&V. <br /> 10. Non-Performance. The Parties agree that non-performance by Victor of its <br /> obligations to deliver Water pursuant to this Application shall result in damages to CC&V <br /> which will be difficult to calculate and for which there may not be adequate remedies <br /> available at law. Therefore, in the event of non-performance by Victor, in addition to all <br /> other rights available to CC&V at law or in equity,CC&V shall have the right to a remedy <br /> of specific performance to require Victor to perform Its obligations as set forth herein. <br /> 11. Fire Protection and Sewer. Victor shall not be required to furnish fire <br /> protection nor sewer services unless provided by separate written contract between the <br /> 6 <br />