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1 <br />8. Additional Volumes of Water. As circumstances require, CC &V may request delivery <br />of an amount of water in excess of 300 acre feet during any delivery year (May 1 - April 30) <br />up to a maximum of an additional 300 acre feet of water. Such request may be made in <br />writing at any time. If, within CSU's sole discretion, CSU determines it has water available to <br />supply CC&V with all or part of such additional amount, the terms of this Amended <br />Agreement, including but not limited to terms specifying the purchase price, shall control the <br />parties' rights and obligations with respect to the purchase and sale of such additional amounts <br />of water. Provided, however, that CSU after agreeing to deliver additional water shall have <br />the right to cancel or curtail deliveries of the additional water if CSU determines, in its sole <br />discretion, that all or part of the additional water is needed to supply the needs of CSU's <br />potable water customers. If deliveries of the additional water are canceled or curtailed by <br />CSU, CC &V shall be relieved of any liability for payment for additional water not delivered. <br />4. Equalization of Deliveries and Diversions. Because of the practical limitations of <br />instantaneous measurement of the amount of water delivered to the points of delivery by CSU <br />and the amount of water diverted by CC&V at its diversion location(s), an imbalance between <br />the amount of water delivered and the amount of water diverted may result, after accounting <br />for any transit loss charges. In the event that the amount of water diverted by CC&V exceeds <br />the amount delivered by CSU, CC &V may request CSU to provide a supplemental delivery of <br />water to CC&V in the amount of the imbalance, at rates and times to be agreed upon at the <br />time of the request. If the amount of water delivered by CSU exceeds the amount of water <br />diverted by CC&V, CSU is under no obligation to take any action with regard to the <br />imbalance, provided that CSU deliveries were in accordance with this Amended Agreement. <br />10. Water is lolly Consumable. CSU will provide fully consumable raw water to satisfy <br />its delivery obligations hereunder, since a significant portion of CC &V's use of the water will <br />after its use of this water to any person or entity. <br />11. CC &V Responsibilities. CC &V shall be responsible for the following: <br />A. All conveyance and use of the water downstream of the point of delivery, and <br />CC &V shall bear all risk of loss, including, but not limited to, transit charges as determined by <br />the Colorado State Engineer or the Division Engineer. <br />B. Obtaining all judicial, administrative, or other governmental approvals and <br />permits necessary for its contemplated use of the water after CSU delivers the water to CC &V. <br />C. Its use of the water and the effects thereof on third parties, if any, including, but <br />not limited to, the effects of diversion, discharges, and changes in the quantity and the quality <br />of the water. <br />71myHicsWr%cc&v water purchase apeement clean <br />