2023-10-30_HYDROLOGY - M2001085 (2)

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Agreement 1. Term. (a) The Term of this Agreement shall commence on the November 1, 2020, and continue until October 31,2021,unless extended as set forth below("Term"). (b) Subject to availability of Reusable Raw Water and at Aurora's sole discretion, 120- 85 may continue this Agreement on an annual basis for up to five (5) additional one (1) year extensions, each additional year (November 1 to October 31) hereinafter referred to as an "Additional Year." 120-85 must notify Aurora by October 1 st prior to the expiration of the Term that it requests the Term be extended for an Additional Year, as set forth in Paragraph 18(g)(2), below. Aurora will confirm the extension of this Agreement by written notification to 120-85 to be made no later than twenty (20)business days after 120-85's request. 2. Delivery Amount and Schedule. Aurora will deliver Reusable Raw Water to the Delivery Point(defined in Paragraph 3, below)for use by 120-85 in accordance with the schedule attached hereto as Exhibit A("Delivery Schedule"). Amendments to the timing and amounts of the Delivery Schedule during the Term or for Additional Year(s)may be permitted upon 120-85's request and with Aurora's authorization and at its sole discretion. As long as Aurora is capable of delivering the Reusable Raw Water to the Delivery Points according to the Delivery Schedule, 120-85 will be obligated to pay the per-acre foot charge set forth in Paragraph 8,below, regardless of whether or not 120-85 uses the Reusable Raw Water. 3. Delivery Point. , (a) 120-85 agrees that Aurora shall make its delivery of the Reusable Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W.Hite treatment facility ("Hite"). 120-85 further agrees that Aurora may, in its sole discretion, satisfy its delivery obligations under this Agreement by delivering the Reusable Raw Water at any other delivery point or delivery points on the S.Platte River(each of Hite and such other delivery points, hereinafter,a"Delivery Point"and collectively,the "Delivery Points.")provided that such alternative Delivery Points are located within a reach of the South Platte River beginning at or below Hite and continuing downstream to a point at or above the location on the South"Platte River that is a point in the NW %4 of the SE '/4 of Section 34, Township 1 South,Range 67 West of the 6th P.M.,which is 2,306 feet from the South Section line and 1,455 feet from the East Section line of said Section 34 [UTM Coordinates: Easting 511058,Northing 4418943] (such location,the "Point of Use"). 120-85 acknowledges and agrees that the alternate Delivery Points may include,but are not limited to, other wastewater treatment plans that may be constructed in the future that discharge Reusable Raw Water owned by Aurora,the Brighton Ditch augmentation stations,the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the Reusable Raw Water to the Delivery Points. Once Aurora has completed its delivery of the Reusable Raw Water hereunder, 120-85 shall assume sole liability for any loss, damage, or injury that may occur to persons or property as the direct or indirect result of the control and/or use of said Reusable Raw Water by 120-85. The Delivery Amounts requested are to be calculated by 120-85 to include 2