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Agreement <br /> I. Tom. <br /> (a) This Agreement shall commence on the Effective Date,as defined in Paragraph <br /> 21 below,and continue until the last date for delivery of water as provided for on the water <br /> delivery schedule attached hereto as Exhibit A("Delivery Schedule'l,such date being December <br /> 31,2022,unless extended pursuant to(b)of this Paragraph 1 (the"Term'J. <br /> (b) At Aurora's discretion and upon ASCI's request and submittal of a new Delivery <br /> Schedule prior to October 31,2022,and prior to October 31 for subsequent years,the Term of <br /> this Agreement may be extended for additional full or partial calendar years. But in no event <br /> shall the Term extend beyond December 31,2026 Said extensions shall be subject to all the <br /> terms and conditions of this Agreement unless amended pursuant to Paragraph 16,below. <br /> 2. Delivery Schedule. Delivery of the Reusable Raw Water will be made in accordance with <br /> the Delivery Schedule. ASCI may submit to Aurora a proposed modified Delivery Schedule that <br /> will be approved in Aurora's sole discretion and effective only upon Aurora's written consent.As <br /> long as Aurora is capable of delivering the Reusable Raw Water to the Delivery Points(defined in <br /> Paragraph 3, below) according to the Delivery Schedule, ASCI will be obligated to pay the per- <br /> acre foot charge (Unit Rate) set forth in Paragraph 8, below, regardless of whether or not ASCI <br /> requests or uses the Reusable Raw Water. <br /> 3. Delivery Location. <br /> (a) Delivery Points. ASCI 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"). ASCI further agrees that Aurora may,in its sole discretion,satisfy its <br /> 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 /> adjacent to 12021 Brighton Road,Henderson,CO 80640("Point of Use A"), 12367 County Road <br /> 8,Fort Lupton,CO 80621 ("Paint of Use B'J,and/or the Stiles Mining Resource location north of <br /> the intersection of County Road 394 and County Road 35 in Weld County (`'Point of Use C"). <br /> ASCI acknowledges and agrees that the alternate Delivery Points may include,but are not limited <br /> to,other wastewater treatment plants that may be constructed in the future that discharge Reusable <br /> Raw Water owned-by Aurora, the Brighton Ditch Augmentation Stations, the ontfall of Walker <br /> Reservoir, and the confluence of Sand Creek and the South Platte River. Aurora will bear the <br /> responsibility for delivery of the Reusable Raw Water to these Delivery Points, and in its sole <br /> discretion may determine which of the Delivery Points it will use at any given time. Once Aurora <br /> has completed its delivery of the Reusable Raw Water hereunder,ASCI shall assume sole liability <br /> for any loss,damage,or injury that may occur to persons or property as the direct or indirect result <br /> of the control and/or use of said Reusable Raw Water by ASCI. The amount of Reusable Raw <br /> Water reflected in the Delivery Schedule was calculated by ASCI to include any transportation <br /> 2 <br />