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17. Interruption of Water Supply Beyond Board's Control. While it is the purpose of the <br />Board to maintain a water supply adequate to meet the needs of the metropolitan area logically <br />dependent on the Board for water supply and for its other temporary contract customers, there <br />are many elements that make it uncertain whether the supply can always be adequate for all. <br />Both parties to this Agreement recognize that the water supply for the Board and its water <br />customers is dependent upon sources from which the supply is variable in quantity and beyond <br />the control of the Board. No liability in tort or contract shall attach to the Board hereunder on <br />account of any failure to accurately anticipate availability of water supply or because of an actual <br />failure to supply water due to inadequate runoff or inadequate storage arising from an occurrence <br />beyond the reasonable control of the Board, including, but not limited to, act of God, strike, war, <br />insurrection, or inability to serve arising out of the order of any court, or the lawful order of any <br />governmental administrative body or agency clothed with authority to regulate matters pertaining <br />to water, public utilities, public health, or pollution control. <br />18. Emergency Water Shortages. The parties agree that from time to time emergency <br />situations may arise where there is a necessity to limit the use of water for customers of the <br />Board of Water Works of Pueblo, Colorado. The parties agree that the necessity for such <br />limitation is a fact to be determined by the Board in the exercise of its reasonable discretion from <br />time to time, as occasion may require. It is hereby agreed that the Board may adopt, in the <br />situation of shortage, such reasonable restrictions on uses or priorities for curtailed use, as may <br />be necessary to adapt to such emergency conditions or shortage. Lessee agrees that no liability <br />in tort or contract shall attach to the Board hereunder on the account of the necessity for adopting <br />and implementing such policies to meet emergency conditions or shortage. In the event that the <br />Board is unable to make the deliveries of water to Lessee specified in this Agreement, then <br />Lessee's payment for water shall be reduced or refunded in proportion to any reduction of <br />deliveries by the Board. <br />19. Not a Permanent Supply. The Parties understand and agree that this Agreement is not to <br />be interpreted as any commitment on the part of the Board to furnish water to Lessee on a <br />permanent basis, but rather to provide Lessee with leased water from the Board for a temporary <br />maximum period of 15 months. <br />20. Sales Tax or Other Taxes. In the event any sales tax or other tax is levied on the sale or <br />lease of water under this Agreement, Lessee agrees to pay said tax. Lessee may, however, <br />contest the imposition of any such tax at its own expense, and the requirement of payment under <br />this Agreement shall be without prejudice to Lessee's right to contest any attempted imposition <br />of tax. <br />21. Assignability; Sublease. <br />21.1 This Agreement may be assigned by Lessee subject to prior written approval of <br />said assignment by the Board, which approval shall be at the sole discretion of the Board. <br />21.2 Lessee may sublease the water obtained from the Board under this Agreement <br />subject to prior written approval by the Board, which approval shall be at the sole discretion of <br />Page 4 of 7 <br />