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15. Governing law. This Agreement shall be govemed by and construed in <br />accordance with the laws of the State of Colorado. In the event of litigation over this <br />Agreement, jurisdiction and venue shall be proper and exclusive in the District Court in and for <br />Boulder County, State of Colorado. <br />16. Force Majeure. Customer acknowledges that the availability of the Subject <br />Water provided for hereunder is dependent upon natural water resources that are variable in <br />quantity of supply, and which can be affected by causes beyond Longmont's control. Moreover, <br />Longmont shall not be liable for any delay or failure to perform its obligations under this <br />Agreement caused by an event or condition beyond the reasonable control of, and without the <br />fault of Longmont, including, without limitation failure of facilities, flood, earthquake, storm, <br />lightning, fire, epidemic, contamination, war, terrorist act, riot, civil disturbance, labor <br />disturbance, accidents, sabotage, or restraint by court or restrictions by other public authority <br />which delays or prevents performance (including but not limited to the adoption or change in any <br />rule, policy, or regulation or environmental constraints imposed by federal, state or local <br />governments), which Longmont could not reasonably have avoided by exercise of due diligence <br />and foresight. Upon the occurrence of such an event or condition, the obligations of Longmont <br />under this Agreement shall be excused and suspended without penalty or damages, provided that <br />Longmont shall give Customer written notice describing the particulars of the occurrence or <br />condition, the suspension of performance is of no greater scope and of no longer duration than is <br />required by the event or condition, and Longmont proceeds with reasonable diligence to remedy <br />its inability to perform and provides progress reports to Customer describing the actions taken to <br />remedy the consequences of the event or condition. <br />17. Independent contractors. Both Parties shall perform all services under this <br />Agreement as independent contractors, and not as an agent or employee of the other Party. No <br />official or employee of Longmont shall supervise Customer. No official or employee of <br />Customer shall supervise Longmont. Neither Party shall represent that it is an employee or <br />agent of the other Party in any capacity. Neither Party has any right to Worker's <br />Compensation benefits from the other Party: or its insurance carriers or funds. Customer <br />shall pay any federal and state income tai on money earned under this Agreement. <br />18. No Continuing Duty to Supply Water. Longmont shall have no obligation to <br />supply water to Customer after this Agreement expires or is otherwise terminated. By agreeing <br />to deliver water to Customer under this Agreement, Longmont does not intend to represent itself <br />as a public utility to Customer or others in such regard nor shall it be deemed to operate as a <br />public utility. Customer shall not assert that Longmont is a public utility by reason of delivering <br />water pursuant to this Agreement, nor that it is subject to regulation as a public utility or subject <br />to regulation by the Colorado Public Utilities Commission or to rate regulation by any other <br />public entity. <br />19. Counterparts. This Agreement may be executed in any number of counterparts, <br />each of which shall be deemed an original, and all of which shall constitute one and the same <br />Agreement. Facsimile signatures shall be acceptable and binding upon all Parties. <br />Page 5 of 7 <br />