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executing this Agreement, each Party commits itself to perform pursuant to the terms hereof, and
<br /> that any breach hereof resulting in any recoverable damages shall not thereby cause the termination
<br /> of any obligations created by this Agreement unless such termination is requested by the Party not
<br /> in breach hereof.
<br /> 17. Failure to Perform Due to Force Maieure. Subject to the terms and conditions in this
<br /> Paragraph, no Party (for the purposes of this Paragraph 17 only,Party is defined as Aurora or the
<br /> Water Users) to this Agreement shall be liable for any delay or failure to perform under this
<br /> Agreement due solely to conditions or events of force majeure, as that term is specifically defined
<br /> herein; provided that: (a) the non-performing Parry gives the other Party prompt written notice
<br /> describing the particulars of the occurrence of the force majeure;(b)the suspension of performance
<br /> is of no greater scope and of no longer duration than is required by the force majeure event or
<br /> condition; and (c) the non-performing Party proceeds with reasonable diligence to remedy its
<br /> inability to perform and provides weekly progress reports to the other Party describing the actions
<br /> taken to remedy the consequences of the force majeure event or condition. As used herein force
<br /> majeure shall mean any delay or failure of a Party to perform its obligations under this Agreement
<br /> caused by events beyond the Party's reasonable control, and without the fault or negligence of the
<br /> Party, including, without limitation A) changes in state or federal law or administrative practice
<br /> concerning,water rights administration,water quality or stream flow requirements,B)changes in
<br /> state water rights administrative practice concerning the reuse of reusable raw water through leases
<br /> or other agreements to others for use at locations other than Aurora, Colorado, including, but not
<br /> limited to, challenges to retained dominion and control, C) acts of God, D) sudden actions of the
<br /> elements such as floods, earthquakes,hurricanes, or tornadoes, E) sabotage, F)vandalism beyond
<br /> that which can be reasonably prevented by the Party, G) terrorism, H) war, I) riots, J) fire, K)
<br /> explosion, Q severe cold or hot weather, M) snow,N) drought [a condition more severe than that
<br /> which occurred in 2002 in the South Platte River Basin or any basin from which the Reusable Raw
<br /> Water originates] O) other extreme weather conditions, P) blockades, Q) insurrection, R) strike,
<br /> slow down or labor disruptions (even if such difficulties could be resolved by conceding to the
<br /> demands of a labor group); S) actions by federal, state, municipal, or any other government or
<br /> agency (including but not limited to, the adoption or change in any rule or regulation or
<br /> environmental constraint imposed by federal, state or local government bodies) but only if such
<br /> requirements, actions, or failures to act prevent or delay performance, T) inability, despite due
<br /> 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 the Water Users, Aurora shall
<br /> refund all advance payments made for that water not delivered within sixty (60) days of the
<br /> conclusion of the force majeure event or the cancellation of the Agreement pursuant to the
<br /> remaining provisions of this Paragraph. In no event will any delay or failure of performance
<br /> caused by any conditions or events of force majeure extend this Agreement beyond its stated term.
<br /> 18. 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
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