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right of first refusal, whichever is later, the purchase price shall be increased to include interest at <br /> a rate of 7%per annum calculated from the date closing would have occurred under the purchase <br /> contract. <br /> 13. Termination. <br /> a. Either Party may terminate this Agreement by written Notice to the other Party,pursuant <br /> to Paragraph 16, below, by December 31"' of the last year of the current Term prior to <br /> automatic renewal. <br /> b. If for any reason the sources of water for the Twin Lakes Shares or Meredith Reservoir <br /> Water are unavailable for delivery to the Delivery Point by Chris Tomky or Aurora, <br /> respectively,or unavailable for use as contemplated under this Agreement,including but <br /> not limited to either Party's inability to obtain any necessary permission as provided for <br /> in Paragraph 4, above, this Agreement will terminate with no further duties owing from <br /> either Party to the other. <br /> 14. Governmental Inununity. Notwithstanding any provisions of this Agreement to the <br /> contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, <br /> either expressed or implied,of the monetary limitations on liability or any of the immunities,rights, <br /> benefits or protections provided to Aurora under the Colorado Governmental Immunity Act, §24- <br /> 10-101, et seq. C.R.S., as amended or as may be amended. The Parties hereto understand and <br /> agree that liability for claims for injuries to persons or property arising out of the alleged <br /> negligence of Aurora, its officials and employees is controlled or limited by said Act,as amended <br /> or as may be amended. Any provision of this Agreement,whether or not incorporated herein by <br /> reference, shall not be interpreted to control, limit or otherwise modify so as to limit any liability <br /> protection of Aurora pursuant to the above cited laws. <br /> 15. Sole Obligation of Utility Enterprise. <br /> a. This Agreement shall never constitute a general obligation or other indebtedness of the <br /> City of Aurora("City"),or a multiple fiscal year direct or indirect debt or other financial <br /> obligation whatsoever of the City within the meaning of the Constitution and laws of the State of <br /> Colorado or of the Charter and ordinances of the City. <br /> b. In the event of a default by Aurora's Utility Enterprise of any of its obligations under <br /> this Agreement,Chris Tomky shall have no recourse for any amounts owed to him against any <br /> funds or revenues of the City except for those revenues derived from rates, fees or charges for <br /> the services furnished by, or the direct or indirect use of the Water System,and deposited in the <br /> Water Enterprise Fund as the terms"Water System"and"Water Enterprise Fund" are defined in <br /> City Ordinance No. 2003-18,and then only after the payment of all operation and maintenance <br /> expenses of the Water System,and all debt service and reserve requirements of any bonds,notes, <br /> or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of <br /> the Water Enterprise Fund. Notwithstanding any language herein to the contrary,nothing in this <br /> Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the <br /> City. <br /> 4 <br />