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Agreement <br />I . Term. The Term of this Agreement shall commence on the Effective Date, as set forth in <br />Paragraph 20(m), below, and continue until December 31, 2023 ("Term"). The Term may be <br />extended by Aurora, in its sole discretion, for up to five (5) additional one (1) year terms, upon <br />Frei's request and Aurora's written consent. <br />2. Delivery Amount and Schedule. Delivery of the Reusable Raw Water will be made in <br />accordance with the water delivery schedule attached hereto as Exhibit A ("Delivery Schedule"). <br />In no event shall the total amount of Reusable Raw Water delivered during the Term exceed the <br />maximum amount set forth in the Delivery Schedule, unless otherwise agreed to in writing by the <br />Parties. As long as Aurora is capable of delivering the Reusable Raw Water to any of the <br />Delivery Points (defined in Paragraph 3, below) according to the Delivery Schedule, Frei will be <br />obligated to pay the per acre-foot charge set forth in Paragraph 8, below, regardless of whether or <br />not Frei requests or uses the Reusable Raw Water. <br />3. Delivery Location. <br />(a) Delivery Points. Frei agrees that Aurora shall initially make its delivery of the Reusable <br />Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W. Hite treatment <br />facility ("Hite"). Frei 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 South 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 where East 100 Avenue <br />crosses the South Platte River (such location is "Point of Use"). Frei acknowledges and agrees <br />that the alternate Delivery Points may include, but are not limited to, other wastewater treatment <br />plants that may be constructed in the future that discharge Reusable Raw Water owned by Aurora, <br />the Brighton Ditch Augmentation Stations, the outfaIl of Walker Reservoir, and the confluence of <br />Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the <br />Reusable Raw Water to these Delivery Points, and in its sole discretion may determine which of <br />the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the <br />Reusable Raw Water hereunder, Frei shall assume sole liability for any loss, damage, or injury that <br />may occur to persons or property as the direct or indirect result of the control and/or use of said <br />Reusable Raw Water by Frei. The amount of Reusable Raw Water reflected in the Delivery <br />Schedule was calculated by Frei to include any transportation Iosses, or "shrinkage," from Hite to <br />the Point of Use downstream. Frei also acknowledges the travel time between the alternate <br />Delivery Points and the Point of Use varies, but that the timing for Aurora's delivery obligations <br />as provided for under the Delivery Schedule shall remain the same regardless of Aurora's use of <br />alternative Delivery Points. <br />(b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of <br />Reusable Raw Water to be delivered under this Agreement are deemed to be satisfied if Aurora <br />makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora elects, in its sole <br />discretion, to make its delivery of any Reusable Raw Water under this Agreement at a Delivery <br />