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once per day,to determine if any of the Reusable Raw Water to be provided hereunder will not be
<br /> needed.
<br /> 15. Entirie,,AgLpe�ement of the Parties. Thi's Agreement represents the entire agreement of the
<br /> Parties,and neither Party has relied upon any fact or representation not expressly set forth herein.
<br /> All prior and contemporaneous conversations, negotiations, possible alleged agreements,,
<br /> representations,covenants and warranties concerning the subject matter hereof,are niergedin this
<br /> Agreement.
<br /> 16. Amendment, By mutual agreement of the Parties, the Delivery Schedule with regard to
<br /> delivery amounts and himing,and extension of the Term may be amended by letter from Aurora to
<br /> Brannan. Otherwise,this Agreement may be amended.,modified,changed,or terminated'in whole
<br /> or in part only by written agreement duly authorized and executed by the Parties hereto.
<br /> 17. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity
<br /> MOMMUM
<br /> for specific performance, 'injunctive, or other appropriate relief, including damages, as may be
<br /> Hable ace ording to the laws of the State of Colorado. It 'is specifically understood that, by
<br /> avai
<br /> executing this Agreement,each Party commits itself to perform pursuant to the terms hereof,and
<br /> that any breach hereof resulting in any recoverable damages shall not thereby cause the termination
<br /> of any obligations created by this Agreement unless such termination is requested by the Party not
<br /> in breach hereof.
<br /> 18. Failure to Perform Due to Force ��eure. Subject to the to and conditions in thi's
<br /> Paragraph,no Party to this Agreement shall be liable for any delay or failure to perfonn under this
<br /> Agreement due solely to conditions or events offoi-ce maj*eure,as that tenn is specifically defined
<br /> herein; provided that: (a) the non-performing Party gives the other Party prompt written notice
<br /> describing the particulars of the occurrence of theforce majeure;(b)the suspension of performance
<br /> is of no greater scope and of no longer duration than is required by the force ma'sure event or
<br /> condition; and (c) the non-performing Party proceeds with reasonable diligence to rerned its
<br /> y
<br /> inability to perform and provides weekly progress reports to the other Party describing the actions
<br /> taken to remedy the consequences of theforce maj*eure event or condition. As used hereinforce
<br /> majeure shall mean any delay or failure of a Party to perform its obligations under this Agreement
<br /> caused by events beyond the Party's reasonable control,and without the It or negligence of the
<br /> Party, including, without limitation A) changes in state or federal law or administrative practice
<br /> concerning,water rights administration, water quality or stream flow requirements,B)changes 'in
<br /> state water rights administrative practice concerning the reuse of reusable raw water through leases
<br /> or other agreements to others for use at locations other than Aurora, Colorado, Including, but not
<br /> limited to,challenges to retained dominion and control, C) acts of God, D)sudden actions of the
<br /> elements such as floods,earthquakes,hurricanes,or tornadoes,E)sabotage,F)vandalism beyond
<br /> that which can be reasonably prevented by the Party, G) terrorism, H) war, 1) riots, J) fire, K)
<br /> explosion,L)severe cold or hot weather,M)snow,N)drought[a condition more severe than that
<br /> wh
<br /> A 10 is h occurred in 2001.in the South Platte River Basin or any I uasin from which the Reusable Raw
<br /> Water originates] 0) other extreme weather conditions, P) blockades, Q) insurrection, R) strike.
<br /> slow down or labor disruptions (even if such difficulties could be resolved by conceding to the'
<br /> demands of a labor group); S) actions by federal, state, municipal, or any other govemment or
<br /> agency (including but not limited to, the adoption or change in any rule or regulation or
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