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WATER SUPPLY CONTRACT CW12006 <br /> Page 3 <br /> • "Project Hydrology Assumptions" or "Hydrology Assumptions" means the <br /> document attached as Appendix "A" to the Water Marketing Policy adopted on <br /> October 17,2006. <br /> 1. River District Water Delivery Obligations and Responsibilities. <br /> a. Deliverv. The.River District will deliver the Contracted Water at the outlet works <br /> of the Contracted Water's sources of supply into the receiving natural streams in <br /> quantities provided herein.Unless otherwise agreed to by the River District's <br /> General Manager based upon written request of Contractor, the River District will <br /> make releases or request that releases 'be made for Contractor, based upon <br /> Contractor's written schedule of anticipated demand, adjusted as necessary by the <br /> ongoing status of river administration vis-a-vis the priority status of Contractor's <br /> diversions, provided that the releases can be made within the operational <br /> limitations of the River District's project facilities as determined by the River <br /> District in its sole discretion. Contractor shall be solely responsible after delivery <br /> for the legal and physical delivery and use of the Contracted Water. <br /> b. Delivery Contingencies. The River District's delivery of Contracted Water shall <br /> be subject to Contractor's payments pursuant to paragraph 3 below, and the <br /> provisions for curtailment of deliveries in paragraph 5 below. <br /> C. Water Measurements. The River District shall measure at the outlet works of the <br /> Contracted Water's sources of supply all Contracted Water and shall notify the <br /> Division Engineer of Colorado Water Division No. 5 of the date,time and amount <br /> of Contracted Water released pursuant to this Contract.. Copies of such records <br /> shall be provided to Contractor upon request. <br /> d. Water Quality. The River District shall have no obligation to Contractor or any <br /> other person regarding and makes no warranties or representations to Contractor <br /> concerning the quality of Contracted Water delivered pursuant to this Contract by <br /> releases of raw water to natural streams. <br /> e. Maintenance of Facilities. The River District, to the extent that it has ownership <br /> and maintenance control, shall use its best efforts to maintain in good working <br /> condition the water storage and release facilities of the Contracted Water. <br /> f. Withholding_ of Delivery. The River District may withhold deliveries of <br /> Contracted Water in the event of Contractor's nonpayment for Contracted Water <br /> or any other breach of this Contract by Contractor, Such remedy shall not be the <br /> River District's exclusive remedy in the event of any such breach. <br />