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available according to the laws of the State of Colorado. It is specifically understood that, by <br /> executing this Agreement,each Party commits itself to perform pursuant to the terms hereof,and <br /> that any breach hereof resulting in any recoverable damages shall not thereby cause the termination <br /> of any obligations created by this Agreement unless such termination is requested by the Party not <br /> in breach hereof. <br /> 17. 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 f rfancial obligation <br /> whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado <br /> 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, 120-85 shall have no recourse for any amounts owed to it against any funds or <br /> revenues of the City except for those revenues derived from rates, fees or charges for the services <br /> furnished by, or the direct or indirect use of, the Water System and deposited in the Water <br /> Enterprise Fund,as the terms"Water System"and"Water Enterprise Fund"are defined in Aurora's <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 /> 18. Miscellaneous. <br /> (a) Intent of Agreement. This Agreement is intended to describe the rights and <br /> responsibilities of and between the named Parties, and is not intended to, and shall not be deemed <br /> to confer rights upon any persons or entities not named as Parties, nor to limit in any way the <br /> powers and responsibilities of Aurora, 120-85, or any other entity not a party hereto. <br /> (b) Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable <br /> for any reason by a court of competent jurisdiction as to either Party or as to both Parties,the entire <br /> Agreement will terminate. <br /> (c) Waiver•of Breach. Waiver of breach of any of the provisions of this Agreement by <br /> either Party shall not constitute a continuing waiver of any subsequent breach by said Party of <br /> either the same or any other provision of this Agreement. <br /> (d) Multiple Originals. This Agreement may be simultaneously executed in any number <br /> of counterparts,each one of which shall be deemed an original,but all of which constitute one and <br /> the same Agreement. <br /> 6 <br />