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mediation shall be decided by binding arbitration, which, unless the Parties mutually agree otherwise, shall be in accordance with the expedited arbitration procedures attached herein as Exhibit 2.A demand for arbitration shall be made in writing within thirty (30)days of the mediator declaring an impasse or within sixty(60)days of the last mediation session,whichever occurs first. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. The Parties shall share the arbitrator's fee and any filing fees equally. The Parties shall be responsible for payment of their own attorney fees. The demand for arbitration shall be filed in writing with the other party to this Lease and with the Judicial Arbiter Group. Issues of arbitrability shall be decided by the arbitrator. The arbitrator may not award lost profits, incidental, indirect, consequential, or punitive damages. The arbitrator shall issue a reasoned decision in writing which shall be based on Colorado law relying on the language of the contract documents supported by established principles of contract interpretation. The arbitration shall be conducted by a single arbitrator using the expedited arbitration procedures provided in Exhibit 2. The parties shall select the arbitrator from the Judicial Arbiter Group (JAG) or, in the event JAG is no longer in operation, an equivalent entity that provides former or retired Colorado judges as arbitrators. Arbitration hearings shall take place in the City and County of Denver or Arapahoe County, Colorado. 13. Force Majeure: If at any time, United is unable to provide augmentation water pursuant to this Lease,by reason of an act of God or other forces beyond its control, state law,rule or order,then for the period of time storage cannot be provided,this Lease shall be held in abeyance and be of no force or effect. 14. Sources not a Public Water System: The Parties agree that by providing RMCC augmentation water, the Parties are neither operating nor including the sources in a "public water system," a "community water system," or a "non-community water system" as those terms are defined in the Safe Drinking Water Act, 42 U.S.C. §§ 300f — 300j-26, that the Parties are not providers of drinking water within the meaning of the Safe Water Drinking Act, and that neither Party has any responsibility to the other Party or other water users under the Safe Water Drinking Act. The Parties further agree that they have no obligations under the Colorado Drinking Water Quality Statute,C.R.S. §25-1-107(x),or under the Colorado Primary Drinking Water Regulations, 5 CCR 1003-1. 15. Authori : Each Party hereby warrants and represents that it has the full right and lawful authority to enter into this Lease and has taken all actions required to make this Lease binding on the Party. 16. Notices: Any notice, demand, or election under this Lease must be in writing and must be given in person or mailed by registered or certified mail, addressed as follows: If to United: Drew Damiano, VP Operations United Water and Sanitation District 8301 East Prentice Ave., Suite 100 Augmentation Water Lease Agreement Page 4 of 11