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12. Amendment. This Agreement may be amended, modified, changed, or
<br />terminated in whole or in part only by written agreement duly authorized and executed by the
<br />parties hereto.
<br />13. Enforcement. The parties agree that this Agreement may be enforced in law or
<br />in equity for specific performance, injunctive, or other appropriate relief, including damages, as
<br />may be available according to the laws of the State of Colorado. It is specifically understood
<br />that, by executing this Agreement, each party commits itself to perform pursuant to the terms
<br />hereof, and that any breach hereof resulting in any recoverable damages shall not thereby cause
<br />the termination of any obligations created by this Agreement unless such termination is
<br />requested by the party not in breach hereof.
<br />14. Venue. Venue for the trial of any action arising out of any dispute hereunder
<br />shall be in the Weld County District Court.
<br />15. Failure to Perform Due to Force Maleure. Subject to the terms and conditions
<br />in this Paragraph, no party to this Agreement shall be liable for any delay or failure to perform
<br />under this Agreement due solely to conditions or events of force majeure, as that term is
<br />specifically defined herein; provided that; A) the non performing party gives the other party
<br />prompt written notice describing the particulars of the occurrence of the force majeure; B) the
<br />suspension of performance is of no greater scope and of no longer duration than is required by
<br />the force majeure event or condition; and C) the non performing party proceeds with reasonable
<br />diligence to remedy its inability to perform and provides weekly progress reports to the other
<br />party describing the actions taken to remedy the consequences of the force majeure event or
<br />condition. As used herein force majeure shall mean any delay or failure of a party to perform its
<br />obligations under this Agreement caused by events beyond the party's reasonable control, and
<br />without the fault or negligence of the party, including, without limitation A) changes in state or
<br />federal law or administrative practice concerning, water rights administration, water quality or
<br />stream flow requirements, B) changes in state water rights administrative practice concerning the
<br />reuse of Fully Reusable Water through leases to others for use at locations other than Aurora,
<br />Colorado, including, but not limited to, challenges to retained dominion and control, C) acts of
<br />God, D) sudden actions of the elements such as floods, earthquakes, hurricanes, or tornadoes, D)
<br />sabotage, F) vandalism beyond that which can be reasonably prevented by the party, G)
<br />terrorism, H) war, l) riots, n fire, K) explosion, L) severe cold or hot weather, M) snow, N)
<br />drought [a condition more severe than that which occurred in the years 1954-1957 in the South
<br />Platte River Basin] O) other extreme weather conditions, O) blockades, Q) insurrection, R)
<br />strike, slow down or labor disruptions (even if such difficulties could be resolved by conceding
<br />to the demands of a labor group); S) actions by federal, state, municipal, or any other
<br />government or agency (including but not limited to, the adoption or change in any rule or
<br />regulation or environmental constraint imposed by federal, state or local government bodies) but
<br />only if such requirements, actions, or failures to act prevent or delay performance, T) inability,
<br />despite due diligence, to obtain required licenses, permits or approvals, and, U) changes of law
<br />relating to financial obligations, revenues and budgetary matters concerning Colorado local
<br />governments and their enterprises. In the event a force majeure event or condition prevents
<br />Aurora from delivering all or part of the agreed upon amounts of Fully Reusable Water to
<br />Lessee, Aurora shall refund all advance payments made for that water not delivered within sixty
<br />4 eestwaylease
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