2012-02-28_REVISION - M1980244 (79)

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11. Cripple Creek Warranties. Cripple Creek warrants that: A. Cripple Creek expects to have, and will make reasonable efforts to provide an adequate physical supply of water to furnish water to CC &V under this Agreement, except in times of water shortages as defined in Paragraph 12.A below. B. The water delivered to CC &V hereunder shall be legally under Cripple Creek's dominion and control at the Point of Delivery. No representation or warranty is made as to fitness for the proposed use or place of use of the water furnished hereunder. CC &V acknowledges it has performed its own diligence with respect to all legal and administrative matters involving the Cripple Creek water rights and will accept any water in an as is condition. C. Cripple Creek makes no warranty as to the quality of the Cripple Creek Water delivered to CC &V. Cripple Creek agrees that CC &V may monitor the quality of the Cripple Creek Water at facilities owned by Cripple Creek that are utilized to deliver said water to CC &V. CC &V shall contact the Cripple Creek Public Utilities Director in order to arrange for access to monitor water at such facilities. A mutually acceptable plan for monitoring the water furnished hereunder shall be developed by CC &V in cooperation with the Cripple Creek Water Rights Administrator. 12. Suspension of Obligations. A. Interruption of Water Supply. While it is the intent of Cripple Creek to maintain the delivery of the Cripple Creek Water to CC &V in accordance with the terms of this Agreement, there are certain elements that may make it uncertain as to whether the physical supply of Cripple Creek Water can always be produced in the agreed volume and at the agreed rate. Cripple Creek and CC &V agree that Cripple Creek shall be relieved from its obligation to deliver the Cripple Creek Water at the agreed volume and rate for the following reasons: (1) The reasonable and prudent maintenance, repair or enlargement of Cripple Creek's reservoirs, water transmission facilities, and wells; (2) Cripple Creek's need to use the Cripple Creek Water for delivery to its citizens and customers other than CC &V for their use at Cripple Creek's sole discretion; (3) The inability to deliver the Cripple Creek Water due to surface water shortages, aquifer conditions, well cave -in or blockage, out of priority rights, administrative regulation or water court action, or other occurrence beyond the reasonable control of Cripple Creek, including, but not limited to, an act of God, strike, war, insurrection or inability to provide the Cripple Creek Water arising out of the order of any court or the lawful order of any governmental administrative body or agency with authority to regulate matters pertaining to water produced from the Cripple Creek water system, public utilities, public health or pollution control. B. Force Majeure. The obligations of the parties under this Agreement, including the payment obligations set forth in Paragraph 3.B., shall be suspended to the extent and for that period that performance is prevented by any cause beyond either party's reasonable 6