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authorized by the City Code of Colorado Springs. UTILITIES will make reasonable efforts to <br /> notify SCHMIDT of circumstances that could result in such termination. SCHMIDT further <br /> acknowledges and consents to UTILITIES' right to terminate deliveries of Surplus Water under <br /> this Agreement if SCHMIDT violates the terms and conditions of the approved SWSP or the SWSP <br /> is revoked by the State Engineer's Office for any reason. This agreement shall also automatically <br /> terminate if SCHMIDT does not obtain approval of the SWSP from the State Engineer's Office. <br /> 15. Governing Law.Jurisdictional and Venue:This Agreement shall be construed in accordance <br /> with the laws of the State of Colorado(except for its conflict of law provisions),as well as the <br /> Colorado Springs City Charter and the City Code.The place of performance and transaction of <br /> business shall be deemed to be in the County of El Paso,State of Colorado. In the event of <br /> litigation,the exclusive venue and place of jurisdiction shall be the State of Colorado and,more <br /> specifically, El Paso County,Colorado and,if necessary for exclusive federal questions,the <br /> United States District Court for the District of Colorado. <br /> 16. Force Maieure:Neither party shall be liable for delays in performing its obligations to the extent <br /> the delay is caused by unforeseeable conditions beyond its reasonable control without fault or <br /> negligence including strikes, riots,wars,floods,fires,explosions,acts of nature,acts of <br /> government,or labor disturbance. <br /> 17. Annronriation of Funds: In accord with the Colorado Springs City Charter,performance of <br /> UTILITIES' obligations under this Agreement is expressly subject to appropriation of funds by <br /> the City Council. In the event funds are not appropriated in whole or in part sufficient for <br /> performance of UTILITIES' obligations under this Agreement,or appropriated fund-,may not be <br /> expended due to the City Charter spending limitations,then this Agreement will thereafter <br /> become null and void by operation of law,and UTILITIES will thereafter have no liability for <br /> compensation or damages to SCHMIDT in excess of UTILITIES' authorized appropriation for <br /> this Agreement or the applicable spending limit,whichever is less. UTILITIES will notify <br /> SCHMIDT as soon as reasonably practicable in the event of non-appropriation or in the event a <br /> spending limit becomes applicable. <br /> 18. Entire Agreement:Modifications to be in Writing:This Agreement,including any and all <br /> appendices and exhibits attached hereto,contains the entire understanding between the parties. <br /> No modification,amendment,notation,or other alteration to this Agreement shall be valid or of <br /> any force in effect unless mutually agreed to by the parties in writing as an addendum to this <br /> Agreement.At the time of the execution of this Agreement,there are no other terms,conditions, <br /> requirements,or obligations affecting this Agreement which are not specifically set forth therein. <br /> Email and all other electronic(including voice)communications from UTILITIES,except as <br />