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hereunder on account of any f <br />because of an actual failure to <br />arising from an occurrence be, <br />to, act of God, strike, war, insi <br />or the lawful order of any gov <br />regulate matters pertaining to <br />23. Emergency Water Sh <br />situations may arise where there is ~a <br />Boazd. The parties agree that the ne <br />Board in the exercise of its reasonab <br />is hereby agreed that the Boazd may <br />restrictions on uses or priorities fork <br />conditions or shortage. Evans agree <br />hereunder on the account of the necf <br />emergency conditions or shortage. l <br />water to Evans specified in this Agi <br />water shall be reduced or refunded u <br />the event that the Board limits watei <br />Evans agrees that he is responsible ~~ <br />for the Mined Land. And, Evans sha <br />Division Engineers of and reductiony <br />Agreement. ~ <br />i <br />irately anticipate availability of water supply or <br />r due to inadequate runoff or inadequate storage <br />~onable control of the Board including, but not limited <br />inability to serve arising out of the order of any court, <br />Iministrative body or agency clothed with authority to <br />utilities, public health, or pollution control. <br />rta es. The parties agree that from time to time emergency <br />iec~ssity to limit the use of water for customers of the <br />~ssity for such limitation is a fact to be determined by the <br />discretion from time to time, as occasion may require. 1t <br />dot, in the situation of shortage, such reasonable <br />irtailed use as may be necessazy to adapt to such emergency <br />that no liability in tort or contract shall attach to the Boazd <br />sity for adopting and implementing such policies to meet <br />the event that the Board is unable to make the deliveries of <br />;ment, the Board will notify Evans and Evans's payment for <br />proportion to any reduction of deliveries by the Board. In <br />leliveries to Evans for the reasons stated in this paragraph, <br />r obtaining from other sources any necessary Augmentation <br />be'responsible for providing notice to the State and <br />n deliveries of water made by the Boazd under this <br />24. Not a Permanent Sut~ly. 'The Parties understand and agree that this Agreement is <br />not to be interpreted as any committrient on the part of the Board to famish water to Evans on a <br />permanent basis, but rather to assist Evans in supplementing Evans's own water supply by the <br />use of leased water from the Board for a temporary period, not in excess of forty (40) years. <br />25. Limitations Conce <br />provisions ofparagraphs 21 and 2 <br />tenritorial water supplies to Evans <br />of the Board at higher water chart <br />26. Sales Tax or Oth <br />sale or lease of water under this <br />at its own expense, contest the is <br />this Agreement shall be without <br />of tax. <br />27. No Exclusive Rieht <br />a grant by the Board of any exclusi <br />~seguent Extra-Territorial Water Customers. The <br />are not to be utilized by the Board to curtail extra- <br />to lease water to new extra-territorial water customers <br />In the event any sales tax or other tax is levied on the <br />~t, Evans agrees to pay said tax. Evans may, however, <br />of any such tax and the requirement of payment under <br />to Evans's right to so contest any attempted imposition <br />lee. Nothing in this Agreement shall be construed as <br />or privilege. <br />