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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 a force majeure event or condition prevents Aurora from delivering <br />all or part of the agreed upon amounts of Reusable Raw Water to Brannan, Aurora shall refund all <br />advance payments made for that water not delivered within sixty (60) days of the conclusion of <br />the.jnrce 1uc{jeure event or the cancellation of the Agreement pursuant to the remaining provisions <br />of this Paragraph. In no event will any delay or failure of performance caused by any conditions <br />or events of f i)rce majetwe extend this Agreement beyond its stated term. In the event any delay <br />or failure of performance on the part of the Party claiming fi,rce majeure continues for an <br />uninterrupted period of more than one hundred twenty (120) days from its occurrence or inception <br />as noticed pursuant to this Paragraph, the Party not claiming force majeure may, at any time <br />following the end or such one hundred twenty (120) day period, may terminate this Agreement <br />upon written notice to the Party claiming .16rce majeure, without further obligation except as to <br />costs and balances incurred prior to the effective date of such termination. <br />19. Sole Obligation of Utility Enterprise. <br />(a) This Agreement shall never constitute a general obligation or other indebtedness or the <br />City of Aurora ("City"), or a multiple fiscal year direct or indirect debt or other financial 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, Brannan 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" as 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 />20. 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, Brannan, 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 />7 <br />