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hereunder on account of any failure to accurately anticipate availability of water supply or <br />because of an actual failure to supply water due to inadequate runoff or inadequate storage <br />arising from an occurrence beyond the reasonable control of the Board including, but not limited <br />to, act of God, strike, war, insurrection, or inability to serve azising out of the order of nay court, <br />or rho lawful order of any governmental administrative body or agency clothed with authority to <br />regulate matters pertaining to water, public utilities, public health, or pollution control. <br />23. Emcraencv Water Shortaees. The parties a~ee that from time to time emergency <br />situations may arise where there is a necessity to limit the use ofwatcr for customers of the <br />Board. The parties agree that the necessity for such limitation is a fact to be determined by the <br />Boazd in the exercise of its reasonable discretion from time to time, as occasion may require. It <br />is hereby agreed that the Board may adopt, in the situation of shortage, such reasonable <br />restrictions onuses or priorities for curtailed use as may be necessary to adapt to such emergency <br />conditions or shortage. Evans agrees that no liability in tort or contract shall attach to the Board <br />hereunder on the account of the necessity for adopting and implementing such policies to meet <br />emergency conditions or shortage. Tn the event that the Board is unable to make the deliveries of <br />water to Evans specified is this Aggreemrnt, the Board will notify Evans and Evans's payment for <br />water shall be reduced oz refunded in proportion to any reduction of deliveries by the Board. In <br />the event that the Board limits water deliveries to Evans for the reasons stated in this paragraph, <br />Evans agrees that he is responsible for obtaining from other sources any necessary Augmentation <br />for the Mined Land. And, Evans shall be.responsible for providing notice to the State and <br />Aivision Engineers of and reduction in deliveries of water made by the Boatel under this <br />Agreement. <br />24. Not a Permanent Sutroly. The Parties understand and agree that this Agreement is <br />not to be interpreted as any commitment on the part of the Board to furnish 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) yeazs. <br />25. Limitations Concerain¢ Subsequent Extra-Territorial Water Customers. The <br />provisions of paragraphs 21 and 23, above, are not to be utilized by the Boazd to curtail extra- <br />temtorial water supplies to Evans in order to lease water to new extra-territorial water customers <br />of the Board at higher water chazges. <br />26. Sales Tax or Other Taxes. In the event any sales tax or other tax is levied on the <br />sale or ]case of water under this Agreement, Evans agrees to pay said tax. Evans may, however, <br />at its own expense, contest the imposition of any such tax and the requirement of payment under <br />this Aa cement shall be without prejudice to Evans's right to so contest any attempted imposition <br />of tax. <br />27. INTO Exclusivg Rieht of Privileee. Nothing in this Agreement shall be construed as <br />a grant by the Board of any exclusive right or privilege. <br />7. <br />SOO @J S9NItidS 'T'Itldd~NOSS BBSDB988TL Xtl3 DT~ET t'OOL/80/OT <br />