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<br /> 9. In the absence of an uncured breach by either party or a mutual 'written
<br /> agreement to terminate to th Agreement on an earlier or later date, this Agreement shall
<br /> terminate on that date which is thirty-five 35 years from the date of execution hereof.
<br /> 1 * Agile understands, that, during the term hereof and subject to the
<br /> ;availability of such, water after a City has met the requirements, of the dornestic
<br /> and commercial uses of the inihabitants of the City of anion City,, the municipal uses of
<br /> s'a d city, and the req rirements of other outside water users who have contractual rights
<br /> superior to those olt Agile hereLinder, Cat r City will use reasonable efforts to deliver a
<br /> continuous supply ofwater to Agile that is aidequateto satisfy the reasonable needs of
<br /> ,
<br /> Agile, as set forth and described herein. However, in tl ile event of a, disruption in the
<br /> supply of such water, Agile, shall not have anyclaitii or cause o action against Canon
<br /> City, 'its, governing board, or any officer, agent r employee of the City of Cahion City, for
<br /> damages incurred as a consequence of such, disruption 'i supply. it expressly
<br /> wai e tl right t ma any such clai and also w�Nv s any rl l t it otherwise rnight
<br /> have to sue Canon City for dama,kes or injunctive relief with respect to a disruption, ire
<br /> s � i1y; provided that Canon pity will make prompt,; diligent, and continuous efforts to,
<br /> restore an adequate supply of water to Agile.
<br /> fib) In the evert the amount of raw water availableto Canon City is 'Insufficient
<br /> to supply, all other users it the Canon City systemand Agile, CafionCity shall endeavor
<br /> to del'i'ver water to Agile on the same basis as, water, is delivered to, Genoa City's other
<br /> customers,within Canon City's water system service area.
<br /> . Agile's rights ender this Agreement arle subject to the ordinances,
<br /> reso uiti ns, P li*6 s and r-egltilati ns of the City of Can-on, City, as the same may he
<br /> amended from, time to time by or with the G r uth riz ti the droll Mor City.
<br /> Nothing i t', i rep r t shall' prohibit the Council of ai) r City from tinging its.
<br /> ordinances, resolutions, policies and regulations during, thetierm of this Agreement. In
<br /> fact, the parties, hereto anticipate and expect that water rates, including udin the base rate
<br /> applicable to Agile hereunder, will be Increased from time to time l rin tie terror hereof
<br /> and that tap tees chargeable to non City's outside water users ril dically will be
<br /> increased.
<br /> 2. Ca,fion City makes no express or implied rep resentati ns or, warranties
<br /> regarding the quality, quantity or sufficiency of water or services to he provided under
<br /> this Agreement,,. Howeverp subject to, conditions and limitations set forth elsewhere
<br /> herein, Canon City will use its blest efforts to provide water in amounts su rci r t t
<br /> satisfy the reasonable needs and obligations ofAgile, as, set,forth and described h relr .
<br /> '13, Except for any claims for breach of this Afire r etit Ague releases, and
<br /> discharges the City of Canon City, its officers, writs, and emplloyeles and the anon
<br /> City Water, Department,'rits officers, agents and employees, from ,any and all direct and
<br /> indirect claims Agile may have which ,arise from any act or r r issior y or of Canon City
<br /> in leasing water under, this Agreennent. Agile hereby agrees to indemnify n bold
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