|
and venue shall be proper and exclusive in the District Court in and for Boulder County, State of
<br /> Colorado,
<br /> IT Force;e ni'lleure. Customer acknowledges that the availability ofthe Subjcct Water
<br /> provided for hereunder is dependent upon natural water resources that are variable in quantity of
<br /> supply, and which can be affected by causes beyond Longniont's control. Moreover, Longiriont
<br /> shall not be liable for any delay or failure to perform its obligations under this Agreement caused
<br /> by an event or condition beyond the reasonable control of, and without the fault of Lorigniont,
<br /> including, without limitation, failure of facilities, flood, earthquake, storm, lightning, fire,
<br /> epidemic, contamination, war, terrorist act, riot, civil disturbance, labor disturbance, accidents,
<br /> sabotage, or restraint by court or restrictions by other public authority which delays or prevents
<br /> performance(including,but not hinited to,the adoption or change in any rule,policy,or regulation
<br /> or environmental constraints imposed by federal, state, or local governments), which Longiriont
<br /> could not reasonably have avoided by exercise of due diligence and foresight. Upon the Occurrence
<br /> of such,an event or condition,the obligations of'Longmont tinder this Agreement shall be excused
<br /> and suspended without penalty or damages, provided that Longmont shall give Custorner written
<br /> notice describing the particulars of the occurrence or condition, the suspension of'performance is
<br /> of no greater scope and of no longer duration than is required by the event or condition, and
<br /> L,.ongmont proceeds with reasonable diligence to remedy its inability to perform and provides
<br /> progress reports to Customer describing the actions taken to remedy the consequences of the event
<br /> or condition.
<br /> 18. Independent contractors. Both Parties shall perform all services under this
<br /> Agreement as independent contractors and not as an agent or employee of the other Party. No
<br /> official or employee of Longmont shall supervise Customer. No official or employee of Custorner
<br /> shall supervise Longiriont. Neither Party shall represent that it is an employee or agent of the other
<br /> Party in any capacity. Neither Party has any right to workers' compensation benefits from the
<br /> other Party or its insurance carriers or 'funds. Customer shall pay any federal and state income tax
<br /> on money eat-tied under this Agreement.
<br /> 19, No continuin 11tytq.supply water. Yrnont shall have no obligation to supply
<br /> t r. L o n t,
<br /> .............1 _
<br /> water to Customer after this Agreement expires or is otherwise terminated. By agreeing to deliver
<br /> water to Customer under this Agreement, Lorigniont does not intend to represent itself as a public
<br /> utility to Customer or others in such regard nor shall it be deemed to operate as a public, utility.
<br /> Customer shall not assert that Longmont is a public utility by reason of delivering water pursuant
<br /> to this Agreement :nor that it is subject to regulation as a public utility or Subject to regulation by
<br /> the Colorado Public Utilities Commission or to rate regulation by any other public entity,
<br /> 20. CounteLparts, This Agreement may be executed in any number of counterparts,
<br /> each of which shall be deemed an original, and all of which shall constitute one and the same
<br /> Agreement. Facsimile signatures shall be acceptable and binding upon all Parties.
<br /> 21. licao All paragraph headings used herein are for the convenience of the
<br /> Parties and shall have no meaning in the interpretation or effect of this Agreement.
<br /> 5
<br /> A�!grcgwc Wuio Water S,,pply Agfcca—t--Souit,Platic Basin RNAL 04,13,2021
<br />
|