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REGSWHD <br /> JU 1 <br /> ATE" 8 <br /> �,W E N G NF EEr� <br /> paid for at the base water rate provided for at paragraph 6(a) hereof without any <br /> discount. <br /> (b) In the event Canon City is unable to deliver raw water to Agile at Agile's <br /> intake described in Exhibit A, and as an alternative to the sale of treated water pursuant <br /> to subparagraph 25(a) above, Canon City agrees to sell and deliver raw water to Agile <br /> at facilities developed at Agile's sole crest to accommodate the delivery of such raw <br /> grater to one or more tanker cars on a railroad line or spur located near the Burnito <br /> Crossing that is owned, controlled or otherwise available for Agile's use for that specific <br /> purpose', provided that the establishment and operation of such facilities must not <br /> violate or otherwise jeopardize any of Canon City's water rights or violate any <br /> applicable local, state or federal law, rule or regulation. <br /> 26. This Agreement shall inure to the benefit of and be binding upon the <br /> respective parties hereto. This is the entire agreement of the parties, This Agreement <br /> supersedes and replaces any and all prior direct and indirect understandings, contracts <br /> and agreements between Canon City and Agile. This Agreement may be amended, <br /> modified or extended only by and through a written agreement signed by the authorized <br /> representatives of both parties hereto. <br /> 27. Each of the parties hereto represents and warrants that it has ail <br /> l necessary power and authority to execute this Agreement and each shall furnish to the <br /> other written evidence of such authorization in the form of a duly-adopted written <br /> resolution. <br /> The garb s have signed this Agreement as of the date first written above. <br /> Carrion City, Colorado <br /> ATTEST: a Muni al rporation <br /> x <br /> LA <br /> By: By: <br /> Be4yW6hen, City Clerk E. Lavelle Craig, ayor <br /> ATTEST: Agile Stone Sys ma, Inc. <br /> By. B <br /> Secretary Phtch Albert, res ent <br />