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Agreement <br /> 1. Term. <br /> (a) This Agreement shall commence on the Effective Date,as defined 'in Paragraph <br /> 21 below,and continue until the last date for delivery of water as provided for on the water <br /> deDiv ery schedule attached hereto as Exhibit A("Delivery Schedule"),such date being December <br /> 31,2023,unless extended pursuant to(b)of thi's Paragraph I (the"Term"). <br /> (b) At Aurora's discretion and upon Brannan's request and submittal of a new <br /> Delivery Schedule prior to December 31,2023, and prior to December 31 for subsequent years, <br /> the Term of this Agreement may be extended for additional full or partial calendar years. But in <br /> no event shall the Term extend beyond December 31,2025. Said extensions shall be subject to <br /> all the terms and conditions of this Agreement unless amended pursuant to Paragraph 16,below. <br /> 2. Defivery Schedule. Delivery of the Reusable Raw Water will be made in accordance with <br /> the Delivery l ® Brannan may submit to Aurora a proposed modified Delivery Schedule <br /> that will be approved In Aurora's sole discretion and effective only upon Aurora's written consent. <br /> As long as Aurora is capable of delivering the Reusable Raw Water to the Delivery Points(defined <br /> in 4 'Paragraph 3, below)according to the Delivery Schedule, Brannan will be obligated to pay the <br /> per-acre foot charge (Unit Rate) set forth 'in Paragraph 8, below, regardless of whether or not <br /> Brannan requests or uses the Reusable Raw Water. <br /> 3. DeliyLry 14ocation. <br /> (a) DefiveLy_Points. Brannan agrees that Aurora shall initially make Its delivery of the <br /> Reusable Raw Water at the out fall of the Metro Wastewater Reclamation District's Robert W. it <br /> treatment facility(141ite"). Brannan further agrees that Aurora may, in its sole discretion,satisfy <br /> its delivery obligations under this Agreement by delivering the Reusable Raw Water at any other <br /> delivery point or delivery points on the South Platte River(each.of Hite and such other delivery <br /> points,hereinafter,a"Delivery Point",and collectively the"Delivery Points"),provided that such <br /> alternative Delivery Points are located within a reach of the out Platte River beginning at or <br /> to Hite, and continuing downstream to a point at or above the location on the South Platte <br /> River that'is generally described as being above the confluence of the South Platte it and Big <br /> Dry Creek at a point in the NW 1 A of the NW 1/4 of Section 7,Township 7 North,Range 66 West <br /> of the 61" ("Point of Use"). Brannan acknowledges and agrees that the alternate Delivery <br /> Points may include, but are not limited to, other wastewater treatment plants that may be <br /> constructedin the future that discharge Reusable Raw Water owned by Aurora,the Brighton its <br /> Augmentation Stations,the out fall of Walker Reservoir,and the confluence of Sand Creek and the <br /> South Platte River. Aurora will bear the responsibility for delivery of the Reusable Raw Water to <br /> these Delivery Points,and in its sole discretion may determine which of the Delivery PoIntsit Will <br /> use at any given time. Once Aurora has completed its delivery of the Reusable Raw Water <br /> hereunder, Brannan all assume sole liability for any loss, damage, or injury that may occur to <br /> persons or property as the direct or indirect result of the control and/or use of said Reusable Raw <br /> Water by Brannan. The amount of Reusable Raw Water reflected 'in the Delivery Schedule was <br /> calculated by Brannan to include any transportation losses,or"shrinkage," from Hite to the Point <br /> 11 <br /> 4W. <br />