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Agreement <br /> 1. Term. <br /> (a) This Agreement shall commence on the Effective Date, as defined in Paragraph <br /> 21 below, and continue through December 31, 2025. Deliveries under this Agreement begin on <br /> March 1, 2024 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"), such date being <br /> December 31, 2025, unless extended pursuant to (b) of this Paragraph 1 (the "Term"). <br /> (b) At Aurora's discretion and upon BURNCO's request and submittal of a new <br /> Delivery Schedule prior to November 1, 2025, and prior to November 1 for subsequent years,the <br /> Term of this Agreement may be extended for up to five additional one-year term periods. But in <br /> no event shall the Term extend beyond December 31, 2030. Said extensions shall be subject to <br /> all the 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. BURNCO may submit to Aurora a proposed modified Delivery Schedule <br /> that will be approved in Aurora's sole discretion and effective only upon Aurora's written consent. <br /> As long as Aurora is capable of delivering the Reusable Raw Water to the Delivery Points(defined <br /> in Paragraph 3,below) according to the Delivery Schedule, BURNCO will be obligated to pay the <br /> per-acre foot charge (Unit Rate) set forth in Paragraph 8, below, regardless of whether or not <br /> BURNCO requests or uses the Reusable Raw Water. <br /> 3. Delivery Location. <br /> Delivery Points. BURNCO agrees that Aurora shall initially make its delivery of the Reusable <br /> Raw Water at the outfall of the Metro Wastewater Reclamation District's Robert W. Hite <br /> treatment facility ("Hite"). BURNCO further agrees that Aurora may,in its sole discretion, <br /> satisfy its delivery obligations under this Agreement by delivering the Reusable Raw Water at <br /> any other delivery point or delivery points on the South Platte River(each of Hite and such other <br /> delivery points,hereinafter, a"Delivery Point", and collectively the "Delivery Points"),provided <br /> that such alternative Delivery Points are located above the calling senior water right and within a <br /> reach of the South Platte River beginning at or below Hite, and continuing downstream to a point <br /> at or above the location on the South Platte that is at about WCR 16 and US 85 in Fort Lupton <br /> ("Recapture Point"). BURNCO acknowledges and agrees that the alternate Delivery Points may <br /> include, but are not limited to, other wastewater treatment plants that may be constructed in the <br /> future that discharge Reusable Raw Water owned by Aurora,the Brighton Ditch Augmentation <br /> Stations,the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte <br /> River. Aurora will bear the responsibility for delivery of the Reusable Raw Water to these <br /> Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use <br /> at any given time. Once Aurora has completed its delivery of the Reusable Raw Water <br /> hereunder, BURNCO shall assume sole liability for any loss, damage, or injury that may occur to <br /> persons or property as the direct or indirect result of the control and/or use of said Reusable Raw <br /> Water by BURNCO. The amount of Reusable Raw Water reflected in the Delivery Schedule <br /> was calculated by BURNCO to include any transportation losses, or "shrinkage," from Hite to <br /> 2 <br />