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9. Subject to the terms and conditions in this Paragraph, no party to this Lease shall
<br />be liable for any delay or failure to perform under this Lease due solely to
<br />conditions or events of force majeure, as that term is specifically defined herein;
<br />provided that: A) the non performing party gives the other party prompt written
<br />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
<br />is required by the force majeure event or condition; and C) the non - performing
<br />party proceeds with reasonable diligence to remedy its inability to perform and
<br />provides weekly progress reports to the other party describing the actions taken
<br />to remedy the consequences of the force majeure event or condition. As used
<br />herein force majeure shall mean any delay or failure of a party to perform its
<br />obligations under this Lease caused by events beyond the party's reasonable
<br />control, and without the fault or negligence of the party, including, without
<br />limitation A) changes in state or federal law or administrative practice concerning,
<br />water rights administration, water quality or stream flow requirements, B)
<br />changes in state water rights administrative practice concerning the use of the
<br />Water through leases to others for use at locations other than Windsor, Colorado,
<br />including, but not limited to, challenges to retained dominion and control, C) acts
<br />of God, D) sudden actions of the elements such as floods, earthquakes,
<br />hurricanes, or tornadoes, D) sabotage, F) vandalism beyond that which can be
<br />reasonably prevented by the party, G) terrorism, H) war, I) riots, J) fire, K)
<br />explosion, L) severe cold or hot weather, M) snow, N) drought 0) other extreme
<br />weather conditions, P) blockades, Q) insurrection, R) strike, slow down or labor
<br />disruptions (even if such difficulties could be resolved by conceding to the
<br />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
<br />rule or regulation or environmental constraint imposed by federal, state or local
<br />government bodies) but only if such requirements, actions, or failures to act
<br />prevent or delay performance, T) inability, despite due diligence, to obtain
<br />required licenses, permits or approvals, and, U) changes of law relating to
<br />financial obligations, revenues and budgetary matters concerning Colorado local
<br />governments and their enterprises. In the event a force majeure event or
<br />condition prevents Windsor from delivering any of the agreed upon amounts of
<br />Water to Bestway, Windsor will not be entitled to any payment for the Water that
<br />is not delivered. In no event will any delay or failure of performance caused by
<br />any conditions or events of force majeure extend this Lease beyond its stated
<br />term. In the event any delay or failure of performance on the part of the party
<br />claiming force majeure continues for an uninterrupted period of more than one
<br />hundred twenty (120) days from its occurrence or inception as noticed pursuant
<br />to this Paragraph, the party not claiming force majeure may, at any time following
<br />the end of such one hundred twenty (120) day period, terminate this Lease upon
<br />written notice to the party claming force majeure, without further obligation except
<br />as to costs and balances incurred prior to the effective date of such termination.
<br />10. This Lease is binding upon the parties, their successors and assigns. Bestway
<br />shall not assign its rights or obligations under this Lease without the prior express
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