2012-12-12_HYDROLOGY - M1983176 - Laserfiche WebLink

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reference (the "Delivery Schedule "). Aurora will commence supplying the Reclaimed Wastewater on July 1, 2011 and cease supplying the Reclaimed Wastewater on December 31, 2015. 2. Delivery Schedule. Delivery of the Reclaimed Wastewater will be made in accordance with the Delivery Schedule set forth in Exhibit A. No later than October 31 of each year, Lessee may submit to Aurora a proposed modified Delivery Schedule (a "Modified Schedule "), setting forth revised monthly delivery totals for the upcoming Lease Year, as that term is defined in paragraph 8 below. Any proposed Modified Schedule shall be effective only upon Aurora's written consent, and upon Aurora's acceptance of any Modified Schedule, such Modified Schedule shall be the Delivery Schedule for the upcoming Lease Year. In no event shall the total amount of Reclaimed Wastewater delivered exceed the maximum amounts set forth in the Delivery Schedule or Modified Schedule. As long as Aurora is capable of delivering the Reclaimed Wastewater to the delivery points according to the Delivery Schedule or Modified Schedule, Lessee will be obligated to pay the per -acre foot charge set forth in Paragraph 7 herein below regardless of whether or not Lessee requests or uses the Reclaimed Wastewater. 3. Delivery Location. (a) Delivery Points. Lessee agrees that Aurora shall initially make its delivery of the Reclaimed Wastewater at the outfall of the Metro Wastewater Reclamation District treatment facility located on the South Platte River ( "Metro "). Lessee further agrees that Aurora may, in its sole discretion, satisfy its delivery obligations under this Agreement by delivering the Reclaimed Wastewater at any other delivery point or delivery points on the South Platte River (each of Metro and such other delivery points, hereinafter, a "Delivery Point" and collectively, the "Delivery Points "); provided that such alternative delivery points are located within a reach of the South Platte River beginning at or below Metro and continuing downstream to a point at or above the location where the South Platte River crosses the center of the southeast quarter of Section 34, Township 1 South, Range 67 West of the 6 P.M. (such location, the "Point of Use "). Lessee acknowledges and agrees that the alternate Delivery Points may include, but are not limited to, other wastewater treatment plants that may be constructed in the future which discharge Reclaimed Wastewater owned by Aurora, the Brighton Ditch Augmentation Stations, the outfall of Walker Reservoir, and the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for delivery of the Reclaimed Wastewater to these Delivery Points, and in its sole discretion may determine which of the Delivery Points it will use at any given time. Once Aurora has completed its delivery of the Reclaimed Wastewater hereunder, Lessee shall assume sole liability for any loss, damage, or injury that may occur to persons or property as the direct or indirect result of the control and/or use of said Reclaimed Wastewater by Lessee. The amount of Reclaimed Wastewater needed at the delivery points was calculated by Lessee to include any transportation losses, or "shrinkage," from the delivery points to Lessee's point of use downstream. Lessee also acknowledges the travel time between the alternate Delivery Points and Lessee's Point of Use varies, but that the timing for Aurora's delivery obligations as provided for under the Delivery Schedule shall remain the same regardless of Aurora's use of alternative Delivery Points. (b) Credit for Avoided Transit Loss. Aurora's obligations with respect to the volume of Reclaimed Wastewater to be delivered under this Agreement are deemed to be satisfied if 9411\310 \1539008.1 2