Laserfiche WebLink
12. CSU Warranties. CSU warrants that: <br />A. CSU expects to have, and will make reasonable efforts to provide an adequate <br />supply of water to furnish water to CC &V under this Amended Agreement, except in times of <br />water shortages as defined in paragraph B.A. below. <br />B. The water delivered to CC &V hereunder shall be legally under CSU's dominion <br />and control at the point of delivery. <br />C. CSU makes no warranty of the quality of the water delivered to CC &V. CSU <br />agrees that CC &V may monitor the quality of the water at facilities owned by Colorado <br />Springs which are utilized to deliver water to CC &V. CC &V ' shall contact the CSU Water <br />Rights Administrator at 719 - 448 -8720 in order to arrange for access to monitor water at such <br />facilities. A mutually accepted plan for monitoring the water to be supplied hereunder shall be <br />developed by CC &V in cooperation with the CSU Water Rights Administrator. <br />13. Suspension of Obligations. <br />A. Water Shortage in Colorado Springs. CSU's obligations to deliver water <br />ordered by CC &V hereunder shall be suspended to the extent and for that period that CSU <br />determines that a water shortage exists within the City of Colorado Springs because there is <br />insufficient water available to supply the needs of CSU's potable water customers. CSU shall <br />notify CC &V promptly whenever such a water shortage is reasonably foreseeable. CSU shall <br />be relieved of its delivery obligations pursuant to the terms of this paragraph because of, and <br />for the duration of, a water shortage which is reasonably foreseeable only upon at least thirty <br />(30) days prior written notice to CC &V. CSU shall be relieved of its delivery obligations <br />which is not reasonably foreseeable, such as failure of transmission, storage, treatment, or <br />distribution facilities upon giving at least three (3) days prior written notice to CC &V. <br />B. Force Ma�eure. The obligations of the parties under this Amended Agreement, <br />including the payment obligations set forth in paragraph 3.B., shall be suspended to the extent <br />and for that period that performance is prevented by any cause beyond either party's <br />reasonable control, including, without limitation, acts of God, acts of war, fire, explosion, <br />earthquake, storm, flood, economic conditions or circumstances that make it infeasible to <br />continue operations, and material and substantial breakdown of equipment, machinery, or <br />facilities; provided, however, that CC &V shall have no obligation to pay for water that CSU <br />was unable to deliver or make available for delivery and that CSU shall have an obligation to <br />refund payments already made by CC &V for such undelivered water. Nothing herein shall <br />relieve CC &V of its obligation to pay for the water actually delivered. <br />7VgMesX6r%cc&r water purchase 35reema t clean <br />