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once per day, to determine if any of the Reusable Raw Water to be provided hereunder will not be <br /> needed. <br /> 15. Entire Ageement of the Parties. This Agreement represents, the entire agreement of" the <br /> Parties, and neither Party has relied upon any fact or representation not expressly set forth herein. <br /> All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br /> representations,covenants and warranties concerning the subject matter hereof, are merged in this <br /> Agreement. <br /> 16. Amendment. This Agreement may be amended, modified, changed,or terminated in whole <br /> or in part only by written agreement duly authorized and executed by the Parties hereto. <br /> 17. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity <br /> for specific performance, injunctive, or other appropriate relief, including damages, as may be <br /> available according to the laws of the State of Colorado. It is specifically understood that, by <br /> 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 /> 18. Failure to Perrorm Due to E2Egg_hIRItM. Subject to the terms and conditions in this <br /> Paragraph, no Party to this Agreement shall be liable for any delay or failure to perform under this <br /> Agreement due solely to conditions or events offorce majettre, as that term is specifically defined <br /> herein; provided that: (a) the non-performing Party gives the other Party prompt written notice <br /> describing the particulars of the occurrence of theft)rceinet are;(b) the suspension of perrormance <br /> Je <br /> is of no greater scope and of no longer duration than is required by thefi)rce 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,16rce majetire event or condition. As used hereinjin-ce <br /> intijeure shall rnean 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, Q 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, 1) riots, J) fire, K) <br /> explosion, L) 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] 0) other extreme weather conditions, P) blockades, Q) insurrection, R) strike, <br /> slow down or labor disruption% (even if such difficulties could be resolved by conceding to the <br /> dernands calm 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 /> 6 <br />