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Agreement <br /> 1. General Terms. The terms of this Agreement shall commence on the Effective Date as <br /> defined in Paragraph 21 below, and continue until the last date for delivery of water as provided <br /> for on the water delivery schedule attached hereto as Exhibit A ("Delivery Schedule) such date <br /> being October 31,2422. Aurora may,in its sole discretion,extend this Agreement for additional <br /> one (1) year terms through October 31, 2428 at Brannan's request. Brannan must notify Aurora <br /> by September 1 that it requests a one-year extension of this Agreement for the following water <br /> year(November I through October 31). Aurora will confirm the extension of this Agreement,or <br /> not,including delivery schedule and applicable rates,by written notification to Brannan to be made <br /> by no later than forty-five (45) days after Brannan's request, and said delivery schedule shall be <br /> the Delivery Schedule. <br /> 2. Delivery Schedule. Delivery of the Reusable Raw Water will be made in accordance with <br /> the Delivery Schedule. Brannan may at any time submit to Aurora a proposed modified delivery <br /> schedule setting forth revised monthly delivery totals for the upcoming water year or for the <br /> remainder of the current water year. Subject to Aurora's approval, a response by Aurora to be <br /> made no later than forty-five (45) days after Brannan's request, the modified delivery schedule <br /> shall be the Delivery Schedule. As long as Aurora is capable of delivering the Reusable Raw <br /> Water to the Delivery Points(defined in Paragraph 3,below)according to the Delivery Schedule, <br /> Brannan will be obligated to pay the per-acre foot charge set forth in Paragraph 8 below regardless <br /> of whether or not Brannan requests or uses the Reusable Raw Water. <br /> 3. Delivery Location. <br /> (a) Delivery Points. Brannan agrees that Aurora shall initially make its delivery of the <br /> Reusable Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W.Hite <br /> treatment facility("Hite"). Brannan further agrees that Aurora may, in its sole discretion,satisfy <br /> its delivery obligations under this Agreement by delivering the Reusable Raw Water at any other <br /> delivery point or delivery points on the South Platte River(each of Hite and such other delivery <br /> points,hereinafter,a"Delivery Point",and collectively the "Delivery Points"),provided that such, <br /> alternative Delivery Points are located within a reach of the South Platte River beginning at or <br /> below Hite, and continuing downstream to a point at or above the location on the South Platte <br /> River that is generally described as being above the confluence of the South Platte River and St. <br /> Vrain Creek at a point in the SETA of the NWl/4 of Section 19, Township I North, Range 66 <br /> West of the 6a' P.M. ("Point of Use"). Brannan acknowledges and agrees that the alternate <br /> Delivery Points may include,but are not limited to,other wastewater treatment plants that may be <br /> constructed in the future that discharge Reusable Raw Water owned by Aurora,the Brighton Ditch <br /> Augmentation Stations,the outfall of Walker Reservoir,and the confluence of Sand Creek and the <br /> South Platte River. Aurora will bear the responsibility for delivery of the Reusable Raw Water to <br /> these Delivery Points,and in its sole discretion may determine which of the Delivery Points it will <br /> use at any given time. Once Aurora has completed its delivery of the Reusable Raw Water <br /> hereunder, Brannan shall assume sole liability for any loss, damage, or injury that may occur to <br /> persons or property as the direct or indirect result of the control and/or use of said Reusable Raw <br /> Water by Brannan. The amount of Reusable Raw Water reflected in the Delivery Schedule was <br /> calculated by Brannan to include any transportation losses,or"shrinkage," from Hite to the Point <br /> 2 <br />