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Agreement <br /> 1. Term. <br /> (a) The Term of this Agreement shall commence on the November 1, 2020, and <br /> continue until October 31,2021,unless extended as set forth below("Term"). <br /> (b) Subject to availability of Reusable Raw Water and at Aurora's sole discretion, 120- <br /> 85 may continue this Agreement on an annual basis for up to five (5) additional one (1) year <br /> extensions, each additional year (November 1 to October 31) hereinafter referred to as 'an <br /> "Additional Year." 120-85 must notify Aurora by October 1st prior to the expiration of the Term <br /> that it requests the Term be extended for an Additional Year, as set forth in Paragraph 18(g)(2), <br /> below. Aurora will confirm the extension of this Agreement by written notification to 120-85 to <br /> be made no later than twenty (20)business days after 120-85's request. <br /> 2. Delivery Amount and Schedule. Aurora will deliver Reusable Raw Water to the <br /> Delivery Point(defined in Paragraph 3, below)for use by 120-85 in accordance with the <br /> schedule attached hereto as Exhibit A("Delivery Schedule"). Amendments to the timing and <br /> amounts of the Delivery Schedule during the Term or for Additional Year(s)may be permitted <br /> upon 120-85's request and with Aurora's authorization and at its sole discretion. As long as <br /> Aurora is capable of delivering the Reusable Raw Water to the Delivery Points according to the <br /> Delivery Schedule, 120-85 will be obligated to pay the per-acre foot charge set forth in <br /> Paragraph 8,below, regardless of whether or not 120-85 uses the Reusable Raw Water. <br /> 3. Delivery Point. <br /> (a) 120-85 agrees that Aurora shall make its delivery of the Reusable Raw Water at <br /> the outfall of the Metro Wastewater Reclamation District's Robert W.Hite treatment facility <br /> ("Hite"). 120-85 further agrees that Aurora may, in its sole discretion, satisfy its delivery <br /> obligations under this Agreement by delivering the Reusable Raw Water at any other delivery <br /> point or delivery points on the S.Platte River(each of Hite and such other delivery points, <br /> hereinafter, a"Delivery Point"and collectively, the "Delivery Points.")provided that such <br /> alternative Delivery Points are located within a reach of the South Platte River beginning at or <br /> below Hite and continuing downstream to a point at or above the location on the South"Platte <br /> River that is a point in the NW 1/4 of the SE '/4 of Section 34, Township 1 South,Range 67 West <br /> of the 6th P.M.,which is 2,306 feet from the South Section line and 1,455 feet from the East <br /> Section line of said Section 34 [UTM Coordinates: Easting 511058,Northing 4418943] (such <br /> location,the "Point of Use"). 120-85 acknowledges and agrees that the alternate Delivery Points <br /> may include,but are not limited to, other wastewater treatment plans that may be constructed in <br /> the future that discharge Reusable Raw Water owned by Aurora,the Brighton Ditch <br /> augmentation stations,the outfall of Walker Reservoir, and the confluence of Sand Creek and the <br /> South Platte River. Aurora will bear the responsibility for delivery of the Reusable Raw Water <br /> to the Delivery Points. Once Aurora has completed its delivery of the Reusable Raw Water <br /> hereunder, 120-85 shall assume sole liability for any loss, damage, or injury that may occur to <br /> persons or property as the direct or indirect result of the control and/or use of said Reusable Raw <br /> Water by 120-85. The Delivery Amounts requested are to be calculated by 120-85 to include <br /> 2 <br />