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Agreement <br /> For Delivery of Reusable Raw Water <br /> This Agreement ("Agreement") is entered into on this 9th rday of December , 2021, by and <br /> between the City of Aurora,Colorado,a Colorado municipal corporation of the counties of Adams, <br /> Arapahoe and Douglas, acting by and through its Utility Enterprise ("Aurora"),whose address is <br /> 15151 East Alameda Parkway, Suite 3600,Aurora,Colorado 80012,and Asphalt Specialties Co., <br /> Inc., a Colorado corporation, whose address is 10100 Dallas Strect, Henderson, Colorado 80640 <br /> ("ASCI"). Aurora and ASCI are each referred to herein as a"Party"and together as the"Parties." <br /> WITNESSETH <br /> WHEREAS,Aurora has the right to use,sell,or provide for use certain of its fully reusable <br /> municipal water return flows to the South Platte River("Reusable Raw Water");and <br /> WHEREAS, such Reusable Raw Water is derived from trans-mountain or other reusable <br /> sources; and <br /> WHEREAS, ASCI has a use for a certain portion of this Reusable Raw Water;and <br /> WHEREAS, Aurora and ASCI desire to enter into this Agreement whereby Aurora shall <br /> deliver a portion of such Reusable Raw Water to ASCI;and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br /> ASCI;and <br /> WHEREAS, the Aurora Utility Enterprise staff has determined, as a precondition to <br /> entering this Agreement,that Aurora is able to fulfill all exchange and operational obligations that <br /> require Reusable Raw Water,that it is able to fulfill all existing long-term agreements that require <br /> Reusable Raw Water(including this Agreement), and that all other needs of Aurora that may be <br /> fulfilled by these sources arc met; and <br /> NOW, THEREFORE, for and in consideration of the mutual promises and covenants <br /> contained herein, and other good and valuable consideration, the adequacy and sufficiency of <br /> which are hereby acknowledged,the Parties hereby agree as follows: <br />