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<br /> and shall be liberally constr r in order to carry out the inte tions of the parties he re,
<br /> as nearly as may be possible.
<br /> 21. The provisions ofthis Agreement are subject to the following 11 it ti --i
<br /> y reason of a force Majeure, Car-oral City S Unable in whole or in, part to carry out any
<br /> agreement or promise on its part herein c r tair e , Canon City shall not be deemed in
<br /> default during the continuance f such inability. The terra "force majeure as use
<br /> herein shall ream, w Iitho t limitation, thefollowing: acts of God, strikes, lockouts, r
<br /> other industrial disturbances; Ducts of public rye les'; order or restraint of any, kind ofthe
<br /> government of the United States of America or of the State of Collorado or County of
<br /> Fremont, or, any of their departments, encie-S, or officials, or any cilvil or milit t
<br /> authority; insurrections; riots landslides; earthquakes; fires; storms; droughts-floods;
<br /> explosions"sion breakage or accident to machinery, e utpme t, transm'is,sion pipes or
<br /> N canals,- r any other cause or event not reasonably within the control of C fl n City.
<br /> 22 At such time as a, water, meter, has been established to measur uter
<br /> sold and delivered to Agile, by Cahon City, A isle shall deliver to Garlon City a map
<br /> showing with reasonable aCGUracy where such meter is located and ity's
<br /> r l yees and agents may gain access to it for purposes of reading, r maintaining,
<br /> such et r No south, raster shall be relocated without the prior knowledge and consent
<br /> of Ca fi n City.
<br /> 23. Notwithstanding anything to the contra set forth herein,, nothing in phis
<br /> Agreernent squall obligate or be construed to obligate dire City to make any Capital
<br /> improvements t Its water tr atment storage, tr nsmissi r distribution facilities r
<br /> systems i n orderto sate g ie's rights and demands hereunder.
<br /> 24.1 Agileshall' not dive, sell or otherwise furnish is r agree to give, sill or
<br /> othervvise furnish any Water obta it from Ic on City ur n r t t this Agreement t
<br /> any other, person who is not a party, to this Agreement or use any water sold and,
<br /> delivered to Agile hereunder, any property other than on the property described i
<br /> �Exhibit B. xh bit B may be amended from time to time uric the term hereof to reflect
<br /> Agee''s acquisition of additional contigUOLIS land during the tern hereof.
<br /> 25. a if authorizatlion for Canon City to deliver ram water to be sold
<br /> hereunder to Agile at Agile-'s intake is not obtained from the, Water Court or State
<br /> En inner, or, if such authoriza,fion, once obtained, is withdrawn or revoked, C n" n City
<br /> nevertheless agrees, to sell treated water ,to Agile at a point of delivery one land that S
<br /> owned oir controlled y Agile are which its within the boundaries of Canon C ty's water
<br /> distribution system at the then delivery is requested, provided that all costs to establish
<br /> SUch point of delivery, in,clud"ng, but not, limited to, all water line extensions and the cost
<br /> of all other facilities rd' appurtenances required under the City'City's ordinanpes,
<br /> resolutions, rules, regulations n policies applicable, to water service within such
<br /> stern boundaries shall Ord � ail prior to delivery, an such treated -water,. All
<br /> treated water sold by CaFlon City to Agile pursuant to this paragraph shall be billed and
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