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once per day,to determine if any of the Reusable Raw Water to be provided hereunder will not be
<br /> needed,
<br /> 15. entire areement®f the Parties.
<br /> This Agreement represents the entire agreement of the
<br /> Parties,and neither Party has relied upon any fact or representation not expressly set forth herein.
<br /> All prior and contemporaneous conversations, negotiations, possible alleged agreements,
<br /> representations,covenants and warranties concerning the subject matter hereof,are merged in this
<br /> Agreement.
<br /> 16. Amendment, By mutual agreement of the Parties, the Delivery Schedule with regard to
<br /> delivery amounts and timing,and extension of the Term may be amended by letter from Aurora to
<br /> Brannan. Otherwise,this Agreement may be amended,modified,changed,or terminated in whole
<br /> or in part only by written agreement duly authorized and executed by the Parties hereto.
<br /> 17. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity
<br /> for specific Fe—rformance, injunctive, or other appropriate relief, including damages, as may be
<br /> available according to the laws of the State of Colorado. It is specifically understood that, by
<br /> executing this Agreement,each Party commits itself to perform pursuant to the terms hereof, and
<br /> that any breach hereof resulting in any recoverable damages shall not thereby cause the termination
<br /> of any obligations created by this Agreement unless such termination is requested by the Party not
<br /> in breach hereof.
<br /> 18. Failure to Perform Due to Force Subject to the terms and conditions in this
<br /> Paragraph, no Party to this Agreement shall be liable for any delay or failure to perform under this
<br /> Agreement due solely to conditions or events offorce majeure,as that term is specifically defined
<br /> herein; provided that: (a) the non-performing Party gives the other Party prompt written notice
<br /> describing the particulars of the occurrence of theforce majeure;(b)the suspension ofperformance
<br /> is of no greater scope and of no longer duration than is required by the force majeure event or
<br /> condition; and (c) the non-performing Party proceeds with reasonable diligence to remedy its
<br /> inability to perform and provides weekly progress reports to the other Party describing the actions
<br /> taken to remedy the consequences of the force majeure event or condition. As used herein, orce
<br /> niqjeure shall mean any delay or failure of a Party to perform its obligations under this Agreement
<br /> caused by events beyond the Party's reasonable control,and without the fault or negligence of the
<br /> Party, including, without limitation A) changes in state or federal law or administrative practice
<br /> concerning,water rights administration, water quality or stream flow requirements,B)changes in
<br /> state water rights administrative practice concerning the reuse of reusable raw water through leases
<br /> or other agreements to others for use at locations other than Aurora, Colorado, including, but not
<br /> limited to, challenges to retained dominion and control, C) acts of God,D)sudden actions of the
<br /> elements such as floods, earthquakes,hurricanes, or tornadoes, E)sabotage,F) vandalism beyond
<br /> that which can be reasonably prevented by the Party, G) terrorism, H) war, 1) riots, J) fire, K)
<br /> explosion, L)severe cold or hot weather,M)snow,N)drought[a condition more severe than that
<br /> which occurred in 2002 in the South Platte River Basin or any basin from which the Reusable Raw
<br /> Water originates] 0) other extreme weather conditions, P) blockades, Q) insurrection, R) strike,
<br /> slow down or labor disruptions (even if such difficulties could be resolved by conceding to the
<br /> demands of a labor group); S) actions by federal, state, municipal, or any other government or
<br /> agency (including but not limited to, the adoption or change in any rule or regulation or
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