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WATER SUPPLY CONTRACT <br />Page 3 <br />CW07005 <br />• "Project Hydrology Assumptions" or "Hydrology Assumptions" means the document <br />attached as Appe ndix "A" to the Water Marketing Policy aclopted on October 17, <br />2006. <br />River District Water Delivery Obligations and Responsibilities. <br />a. Delive. The R iver 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 Manage - 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 wri ten schedule of anticipated demand, adjusted as necessary by the <br />ongoing status or river administration vis-a-vis the priority status of Contractor's <br />diversions, provi led that the releases can be made within the operational limitations <br />of the River Distict's project facilities as determined by the Paver District in its sole <br />discretion. Contractor shall be solely responsible after delivery for the legal and <br />physical delive ), and use of the Contracted Water. <br />b. Delivery Cori! ins;encies. The River District's delivery of Contracted Water shall be <br />subject to Contra ctor's payments pursuant to paragraph 3 below, and the provisions <br />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 Engine,-.r of Colorado Water Division No. 5 of the date, time and amount <br />of Contracted W; Fter released pursuant to this Contract. Copies of such records shall <br />be provided to Contractor upon request. <br />d. Water Quality. The River District shall have no obligation to Contractor or any other <br />person regarding and makes no warranties or representations to Contractor <br />concerning the c uality of Contracted Water delivered pursuant to this Contract by <br />releases of raw i rater to natural streams. <br />e. Maintenance of ): acilities. The River District, to the extent that it has ownership and <br />maintenance cor trol, shall use its best efforts to maintain in good working condition <br />the water storago and release facilities of the Contracted Water. <br />f Withholding of Delivery. The River District may withhold deliveries of Contracted <br />Water in the eve nt of Contractor's nonpayment for Contracted Water or any other <br />breach of this Contract by Contractor. Such remedy shall not be the River District's <br />exclusive remedy in the event of any such breach.