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of Use downstream. Brannan also acknowledges the travel time between the alternate Delivery <br /> Points and the Point of Use varies,but that the timing for Aurora's delivery obligations as provided <br /> for under the Delivery Schedule shall remain the same regardless of Aurora's use of alternative <br /> Delivery Points. <br /> (b) Credit for Avoided Transit Loss, Aurora's obligations with respect to the volume of <br /> Reusable Raw Water to be delivered under this Agreement are deemed to be satisfied if Aurora <br /> makes deliveries in such amounts as if delivered at Hite. Thus, if Aurora elects, in its sole <br /> discretion, to make its delivery of any Reusable Raw Water under this Agreement at a Delivery <br /> Point other than Hite,and if delivery at such alternative Delivery Point(s)results in reduced transit <br /> loss,Aurora shall be entitled to retain such avoided transit loss with no credit to Brannan in water, <br /> money or otherwise. Aurora shall maintain and provide to Brannan a monthly accounting and <br /> report of daily deliveries at the Delivery Point(s), If Aurora elects to deliver some or all of the <br /> Reusable Raw Water at alternative Delivery Point(s), then the foregoing reports shall include the <br /> calculated amount of avoided transit loss, and the amount of water physically delivered at such <br /> alternative Delivery Point(s). For purposes of calculating any such avoided transit loss,the Parties <br /> hereby agree that the volume of Reusable Raw Water required to be delivered by Aurora in <br /> accordance with the Delivery Schedule shall be discounted by an amount equal to one-half of one <br /> percent(0.5%)of such volume during the April through September irrigation season,or one-fourth <br /> of one percent(0.25%) of such volume during the October through March non-irrigation season, <br /> for each river mile in distance between Hite and such alternative Delivery Point(s)(such distance <br /> calculated to the nearest one-tenth of a mile), or by such other amount as determined by the <br /> Division Engineer for Water Division I (such office or its replacement the "Division Engineer") <br /> or as specified in an applicable statute or decree from a court of applicable jurisdiction. The <br /> product of this calculation shall represent the amount of avoided transit loss in acre-feet, which <br /> Aurora shall be entitled to retain. <br /> 4. Source and unli I tv of Reusable Raw Water. The Reusable Raw Water to be provided by <br /> Aurora under this Agreement shall, at Aurora's discretion, consist of Aurora's reusable municipal <br /> return flows to the South Platte River, any fully consumable portion of changed irrigation water <br /> rights owned by, or available to Aurora, fully consumable water diverted pursuant to decrees <br /> entered in 03CW414, 03CW415,and 06CW 104, Water Division 1, and any other legal source of <br /> Reusable Raw Water available to Aurora. Under no circumstances shall this Agreement be <br /> interpreted to mean that Aurora must supply potable water should the sources set forth in this <br /> paragraph be unavailable. Aurora does not warrant or guaranty any water quality standards with <br /> respect to the Reusable Raw Water to be delivered as provided for under this Agreement, and <br /> Brannan hereby waives any such warranty or guaranty. <br /> 5. Use of Reusable Raw Water. <br /> (a) Brannan shall have the right to use and reuse to extinction the Reusable Raw <br /> Water delivered tinder this Agreement for water supply purposes,including without limitation <br /> replacement and exchange purposes in connection with any substitute water supply plan <br /> approved by the Colorado State Engineers Office,augmentation and exchange purposes in <br /> accordance with any augmentation plan or appropriative right of exchange decreed by the <br />