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..U N 9 AN <br /> COLO <br /> d 9. In the absence of an uncured breach by either party or a mutual written <br /> agreement to terminate this Agreement on an earlier or later state, this Agreement shall <br /> terminate on that date which is thirty-five (3 ) years from the date of execution hereof. <br /> 10� (2) Agile understands that, during the term hereof and subject to the <br /> availability of such water after Canon City has met the requirements of the domestic <br /> and commercial uses of the inhabitants of the City of Cation City, the municipal uses of <br /> said city, and the requirements of ether outside water users who have contractual rights <br /> superior to those of Agile hereunder, Caton City will use reasonable efforts to deliver a <br /> continuous supply of water to Agile that is adequate to satisfy the reasonable needs of <br /> Agile, as set forth and described herein. However, in the event of a disruption in the <br /> supply of such water, .Agile shall not have any claim or cause of action against Cation <br /> City, its governing board, or any officer, agent or employee of the City of Canon City, for <br /> damages incurred' as a consequence of such disruption in supply. .agile expressly <br /> waives the right to make any such claim and also waives any right it otherwise might <br /> have to sue Canon City for damages or injunctive relief with respect to a disruption in <br /> supply; provided that Canon City will make prompt, diligent and continuous efforts to <br /> restore an adequate supply of water to Agile. <br /> (b) In the event the amount of rave water available to Canon City is insufficient <br /> to supply all other users in the Canon City system and Agile, Cation City shall endeavor <br /> i to deliver water to Agile on the same basis as water is delivered to Canon City's other <br /> customers within Canon City's water system service area. <br /> 11. Agile's rights under this Agreement are subject to the ordinances, <br /> resolutions, policies end regulations of the City of Canon City as the same may be <br /> amended from time to time by or, with the authorization of the Council of Canon City. <br /> Nothing in this Agreement shall prohibit the Council of Canon City from changing its <br /> ordinances, resolutions, policies and regulations during the term of this Agreement. In <br /> fact, the parties hereto anticipate and expect that water rates, including the base rate <br /> applicable to ,Agile hereunder, will be increased from time to time during the tern hereof <br /> and that tap fees chargeable to Canon City's outside water users periodically will be <br /> increased. <br /> 12. Cation City makes no express or implied representations or warranties <br /> regarding the quality, quantity or sufficiency of water or services to be provided under <br /> this Agreement, However, subject to conditions and limitations set forth elsewhere <br /> herein, Canon City will use its best efforts to provide water in amounts sufficient to <br /> satisfy the reasonable needs and obligations of Agile, as set forth and described herein. <br /> 11 except for any claims for breach of this. Agreement, Agile releases and <br /> discharges the City of Canon City, its officers, agents„ and employees and the Canon <br /> City Water Department, its officers, agents and employees, from any and all direct and <br /> c indirect claims Agile may have which arise from any act or omission by or of Cation City <br /> in leasing water under this Agreement. Agile hereby agrees to indemnify and hold <br /> 4 <br />