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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 />18. Failure to Perform Due to Force Maieure. Subject to the terms and conditions in this
<br />Paragraph, no Party to this Agreement shall be liable for any delay or failure to perform under this
<br />Agreement due solely to conditions or events offorce majeure, as that term is specifically defined
<br />herein; provided that: (a) the non -performing Party gives the other Party prompt written notice
<br />describing the particulars of the occurrence of the force majeure; (b) the suspension of performance
<br />is of no greater scope and of no longer duration than is required by the force majeure event or
<br />condition; and (c) the non -performing Party proceeds with reasonable diligence to remedy its
<br />inability to perform and provides weekly progress reports to the other Party describing the actions
<br />taken to remedy the consequences of the force majeure event or condition. As used herein force
<br />majeure shall mean any delay or failure of a Party to perform its obligations under this Agreement
<br />caused by events beyond the Party's reasonable control, and without the fault or negligence of the
<br />Party, including, without limitation A) changes in state or federal law or administrative practice
<br />concerning, water rights administration, water quality or stream flow requirements, B) changes in
<br />state water rights administrative practice concerning the reuse of reusable raw water through leases
<br />or other agreements to others for use at locations other than Aurora, Colorado, including, but not
<br />limited to, challenges to retained dominion and control, C) acts of God, D) sudden actions of the
<br />elements such as floods, earthquakes, hurricanes, or tornadoes, E) sabotage, F) vandalism beyond
<br />that which can be reasonably prevented by the Party, G) terrorism, H) war, I) riots, J) fire, K)
<br />explosion, L) severe cold or hot weather, M) snow, N) drought [a condition more severe than that
<br />which occurred in 2002 in the South Platte River Basin or any basin from which the Reusable Raw
<br />Water originates] O) other extreme weather conditions, P) blockades, Q) insurrection, R) strike,
<br />slow down or labor disruptions (even if such difficulties could be resolved by conceding to the
<br />demands of a labor group); S) actions by federal, state, municipal, or any other government or
<br />agency (including but not limited to, the adoption or change in any rule or regulation or
<br />environmental constraint imposed by federal, state or local government bodies) but only if such
<br />requirements, actions, or failures to act prevent or delay performance, T) inability, despite due
<br />diligence, to obtain required licenses, permits or approvals, and, U) changes of law relating to
<br />financial obligations, revenues and budgetary matters concerning Colorado local governments and
<br />their enterprises. In the event aforce majeure event or condition prevents Aurora from delivering
<br />all or part of the agreed upon amounts of Reusable Raw Water to Frei, Aurora shall refund all
<br />advance payments made for that water not delivered within sixty (60) days of the conclusion of
<br />the force majeure event. In no event will any delay or failure of performance caused by any
<br />conditions or events offorce majeure extend this Agreement beyond its stated Term.
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