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16. Governing law. This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Colorado. Venue and jurisdiction for any court action filed regarding <br /> this Agreement shall be in either Boulder County Colorado or the United States District Court for <br /> Colorado. The Parties will perform all obligations under this Agreement in strict compliance with <br /> all federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and <br /> regulations. <br /> 17. Force majeure. Customer acknowledges that the availability of the Subject Water <br /> provided for hereunder is dependent upon natural water resources that are variable in quantity of <br /> supply, and which can be affected by a force majeure-type events. Moreover, Longmont shall not <br /> be liable for any delay or failure to perform its obligations under this Agreement caused by such <br /> an event or condition, including without limitation failure of facilities, flood, earthquake, storm, <br /> lightning,fire,epidemic,contamination,war,terrorist act,riot,civil disturbance,labor disturbance, <br /> accidents, sabotage, or restraint by court or restrictions by other public authority which delays or <br /> prevents performance (including but not limited to the adoption or change in any rule, policy, or <br /> regulation or enviromnental constraints imposed by federal, state or local governments). Upon the <br /> occurrence of such an event or condition, the obligations of Longmont under this Agreement shall <br /> be excused and suspended without penalty or damages, provided that Longmont shall give <br /> Customer written notice describing the particulars of the occurrence or condition, the suspension <br /> of performance is of no greater scope and of no longer duration than is required by the event or <br /> condition, and Longmont proceeds with reasonable diligence to remedy its inability to perform, if <br /> feasible, and provides progress reports to Customer describing the actions taken to remedy the <br /> consequences of the event or condition, if feasible. <br /> 18, Independent contractors. Both Parties shall perfonn all services under this <br /> Agreement independently and not as an agent or employee of the other Party. No official or <br /> employee of Longmont shall supervise Customer. No official or employee of Customer shall <br /> supervise Longmont. Neither Party shall represent that it is an employee or agent of the other <br /> Party in any capacity. Neither Party has any right to workers' compensation benefits from the <br /> other Party or its insurance carriers or funds. Customer-shall pay any federal and state income tax <br /> on money earned under this Agreement. <br /> 19. No continuing duty to supper water. Longmont shall have no obligation to supply <br /> water to Customer after this Agreement expires or is otherwise tenninated. By agreeing to deliver <br /> water to Customer under this Agreement, Longmont does not intend to represent itself as a public <br /> utility to Customer or others in such regard nor shall it be deemed to operate as a public utility. <br /> Customer shall not assert that Longmont is a public utility by reason of delivering water pursuant <br /> to this Agreement nor that it is subject to regulation as a public utility or subject to regulation by <br /> the Colorado Public Utilities Commission or to rate regulation by any other public entity. <br /> 20. Counterparts. This Agreement may be executed in any number of counterparts, <br /> each of which shall be deemed an original, and all of which shall constitute one and the same <br /> Agreement. Facsimile signatures shall be acceptable and binding upon all Parties. <br /> 21. Headings. All paragraph headings used herein are for the convenience of the <br /> Parties and shall have no meaning in the interpretation or effect of this Agreement. <br /> 5 <br /> Asphalt Specialtics2023-2024 Water Supply Agreemenl_FINAL_]0+3112023 <br />