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the Substitute Water Supply Plan for Upper Cherry Creek Management Association approved March 19, 1998 and any renewals thereof; (d) its obligations pursuant to Water Division 1, Case Nos. 95CW226 & 227, Case No. 99CW158, Case No. 01CW284 and Case No. 02CW341; (e) the April 23, 2001 Agreement for Agreement of Reclaimed Wastewater with Calpine Corporation; (f) the May 20, 2003 Water Rights Purchase and Sale Agreement with the City of Thornton, Colorado; (g) the May 19, 2006 Reusable Water Agreement with the Central Colorado Water Conservancy District, and (h) any and all obligations resulting from any firm delivery annual lease or delivery contract of Reclaimed Wastewater executed prior to the date of this Agreement. The foregoing subordination does not, in and of itself, create an excuse for Aurora's failure to deliver the Reclaimed Wastewater under this Agreement, however, Aurora and Lessee agree that the purpose and effect of the foregoing subordination is to establish a priority among and between Aurora's obligation under this Agreement and Aurora's other obligation with respect to its Reclaimed Wastewater in the event of aforce majeure event or other delay or interruption in Aurora's delivery of the Reclaimed Wastewater. 14. No Opposition to Aurora Water Court Matters. From the date of execution of this Agreement through the conclusion hereof, Lessee agrees that neither it nor any successors, if any are allowed, will oppose Aurora in any Colorado Water Court Applications filed by Aurora. 15. Aurora Right to Request Reuse. The parties hereto acknowledge that hydrologic and other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed Wastewater flow available to it under this Agreement. Aurora may contact Lessee, not more frequently than once per day, to determine if any of the Reclaimed Wastewater leased hereunder will not be needed. 16. Enforcement. The parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws of the State of Colorado. It is specifically understood that, by executing this Agreement, each party commits itself to perform pursuant to the terns hereof, and that any breach hereof resulting in any recoverable damages shall not thereby cause the termination of any obligations created by this Agreement unless such termination is requested by the party not in breach hereof. 17. Sole Obligation of Utility Enterprise. (a) This Agreement shall never constitute a general obligation or other indebtedness of the City of Aurora (the "City "), or a multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the City within the meaning of the Constitution and laws of the State of Colorado or of the Charter and ordinances of the City. (b) In the event of a default by Aurora's Utility Enterprise of any of its obligations under this Agreement, Lessee shall have no recourse for any amounts owed to it against any funds or revenues of the City except for those revenues derived from rates, fees or charges for the services furnished by, or the direct or indirect use of, the Water System and deposited in the Water Enterprise Fund, as the terms "Water System" and "Water Enterprise Fund" are defined in City Ordinance No. 2003 -18, and then only after the payment of all operation and maintenance expenses of the Water System and all debt service and reserve requirements of any bonds, notes, 9411\310 \1539008.1 6