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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.16rce majetire event or condition prevents Aurora from delivering <br /> all or part of the agreed upon amounts of'Reusable Raw Water to Brannan, Aurora shall refund all <br /> advance payments made For that water not delivered within sixty (60) days of the conclusion of <br /> theft)rce miyettre event or the cancellation of the Agreement pursuant to the remaining provisions <br /> cal'this Paragraph. In no event will any delay or failure of performance caused by any conditions <br /> or events offtwee niciJetwe extend this Agreement beyond its stated term. In the event any delay <br /> or failure of pedbrmance on the part of the Party claiming Jbrce inctJe as <br /> tire continues forn <br /> uninterrupted period oil'more than one hundred twenty (120) days from its occurrence or inception <br /> as noticed pursuant to this Paragraph, the Party not claiming jin-ce niq*jeure may, at any time <br /> following the end ol' such one hundred twenty (120) day period, may terminate this Agreement <br /> upon written notice to the Party claiming .16rce majeure, without further obligation except as to <br /> costs and balances incurred prior to the effective date of such termination. <br /> I i 1:1, i <br /> i i nter rise 19. Sole 111)16 rpation of Utii I��i 1111111111 <br /> (a) This Agreement shall never constitute as 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 Chat-ter and ordinances of the City. <br /> (b) In the event ol'a default by Aurora's Utility Enterprise of any of its obligations under <br /> this Agreement, Brannan 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. 2003-18, and then only after the payment of all operation and maintenance <br /> expenses oaf the Water System and all debt set-vice and reserve requirements of any bonds, notes, <br /> or other financial obligations of the Utility Enterprise secured by as pledge of the net revenues 017 <br /> the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this <br /> Agreement shall be construed as creating a lien upon any revenues ol'the Utility Enterprise or the <br /> City. <br /> 20, Miscellaneous. <br /> (a) Intent of A re Brat. This Agreement is intended to describe the rights and <br /> responsibilities ol'and between the named Parties, and is not intended to, and shall not be deemed <br /> to conl`cr rights upon any persons or entities not named as Parties, nor to limit in any way the <br /> powers and t-esponsib i I i ties oi'Aurora, Brannan, or any other entity not a party hereto. <br /> (b) Effect of lnjafigM. If any portion oaf this Agreement is held invalid or unenforceable <br /> for any reason by as court ol compe(entjurisdiction as to either Party or as to both Parties,the entire <br /> Agreement will terminate. <br />