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diligence, to obtain required licenses, permits or approvals, and, U) changes of law relating to <br /> financial obligations,revenues and budgetary matters concerning Colorado local governments and <br /> their enterprises. In the event a force majeure event or condition prevents Aurora from delivering <br /> all or part of the agreed upon amounts of Reusable Raw Water to ASCI, Aurora shall refund all <br /> advance payments made for that water not delivered within sixty (60) days of the conclusion of <br /> the force majeure event or the cancellation of the Agreement pursuant to the remaining provisions <br /> of this Paragraph. In no event will any delay or failure of performance caused by any conditions <br /> or events of force majeure extend this Agreement beyond its stated term. In the event any delay <br /> or failure of performance on the part of the Party claiming force majeure continues for an <br /> uninterrupted period of more than one hundred twenty(120)days from its occurrence or inception <br /> as noticed pursuant to this Paragraph, the Party not claiming force majeure may, at any time <br /> following the end of such one hundred twenty (120) day period, may terminate this Agreement <br /> upon written notice to the Party claiming force majeure, without further obligation except as to <br /> costs and balances incurred prior to the effective date of such termination. <br /> 19. Sole Obligation of Utility Enterprise. <br /> (a) This Agreement shall never constitute a general obligation or other indebtedness of the <br /> City of Aurora("City"),or a multiple fiscal year direct or indirect debt or other financial obligation <br /> whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado <br /> or of the Charter and ordinances of the City. <br /> (b) In the event of a default by Aurora's Utility Enterprise of any of its obligations under <br /> this Agreement, ASCI shall have no recourse for any amounts owed to it against any funds or <br /> revenues of the City except for those revenues derived from rates,fees or charges for the services <br /> furnished by, or the direct or indirect use of, the Water System and deposited in the Water <br /> Enterprise Fund,as the terms"Water System"and"Water Enterprise Fund"as defined in Aurora's <br /> City Ordinance No. 2003-I8, and then only after the payment of all operation and maintenance <br /> expenses of the Water System and all debt service and reserve requirements of any bonds,notes, <br /> or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of <br /> the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this <br /> Agreement shalt be construed as creating a lien upon any revenues of the Utility Enterprise or the <br /> City. <br /> 20. Miscellaneous. <br /> (a) Intent of Agreement. This Agreement is intended to describe the rights and <br /> responsibilities of and between the named Parties, and is not intended to,and shall not be deemed <br /> to confer rights upon any persons or entities not named as Parties, nor to limit in any way the <br /> powers and responsibilities of Aurora,ASCI,or any other entity not a party hereto. <br /> (b) Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable <br /> for any reason by a court of competent jurisdiction as to either Party or as to both Parties,the entire <br /> Agreement will terminate. <br /> 7 <br />