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RECEIVED <br /> JUN 2 9 2018 <br /> WWER S <br /> STATE ENGINEER <br /> COL <br /> 14. Determination of Water Availability by Pueblo water. Pueblo water has determined <br /> that the welfare of Pueblo and its inhabitants requires a stable water supply not only for its <br /> citizens but also for the other customers of Pueblo water putting to beneficial use the water <br /> belonging to Pueblo water. Therefore, the extent to which limitation of water delivery outside <br /> Pueblo may be necessary to enable Pueblo water to provide adequately for users inside Pueblo is <br /> a fact to be determined by Pueblo Dater in the exercise of its reasonable discretion from time to <br /> time as occasion may require. <br /> 15. Interruption of Water Supply Beyond Pueblo Water's Control. while it is the <br /> purpose of Pueblo water to maintain a water supply adequate to meet the needs of the <br /> metropolitan area logically dependent on Pueblo water for water supply and for its temporary <br /> contract customers, there are many elements that make it uncertain whether the supply can <br /> always be adequate for all. Both parties to this Agreement recognize that the water suppler for <br /> Pueblo water and its water customers is dependent upon sources from which the supply is <br /> variable in quantity and beyond the control of Pueblo water. No liability in tort or contract <br /> attaches to Pueblo water hereunder on account of any failure to accurately anticipate availability <br /> of water supply, or because of an actual failure to supply water due to inadequate runoff or <br /> inadequate storage, arising from an occurrence beyond the reasonable control of Pueblo water, <br /> including, but not limited to, act of Cod,strife,war,insurrection,or inability to serve arising out <br /> of the order of any court, or the lawful order of any governmental entity clothed with authority to <br /> regulate matters pertaining to water,public utilities,public health,or pollution control. <br /> 1 . Emergencies or 'water Shortages. The parties agree that from time to time emergency <br /> or shortage situations may arise where there is a necessity to limit the use of water for customers <br /> of Pueblo Water. The parties agree that the necessity for such limitation is a fact to be <br /> determined by Pueblo water in the exercise of its reasonable discretion from time to time, as <br /> occasion may require. It is hereby agreed that Pueblo water may adopt, in the situation of <br /> emergency or shortage, such reasonable restrictions on uses or priorities for curtailed use, as may <br /> be necessary to adapt to such emergency conditions or shortage. Lessee agrees that no liability <br /> in tort or contract attaches to Pueblo Dater hereunder on the account of the necessity for <br /> adopting and implementing such policies to meet emergency conditions or shortage. <br /> 17. Not a Permanent Supply. The Parties understand and agree that this Agreement is not <br /> to be interpreted as any commitment on the part of Pueblo water to furnish water to Lessee on a <br /> permanent basis, but rather to provide Lessee with water from Pueblo water for the temporary <br /> period of the terra of this Agreement. <br /> 18. Sales Tax or Other Takes. In the event any sales tar or other tax is levied on the water <br /> leased under this Agreement, Lessee agrees to pay said tart. Lessee may, however, contest the <br /> imposition of any such tax at its own expense, and the requirement of such payment under this <br /> Agreement is without prejudice to Lessee's right to contest any attempted imposition of tax. <br /> Page 4of <br />