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9. All notice's required to be given 01 made under the Water Lease shall be in v.'l sting and <br />sent by United States mail 01 lhanci deliver to the following addresses: <br />l'c \Vcsti inster: <br />To Al: <br />of Westminster <br />I)ilectol of Public Woil.s and Utilities <br />4900 West 9)'' Avenue <br />\7esiminstei, Col 00031 <br />Facsimile: (303) 706-3927 <br />Senior Vice President <br />Aggregate Industries - \VCR, Inc. <br />1707 Cole Jdouleval d, Suite 100 <br />Golden, Colorado 00101 <br />I cssinhile: (303) 716-5340 <br />All notices will be decreed effective one (1) day after hand delivuiy, of if mailed, upon <br />receipt. Either pal ty, by written notice, may change the address to which future notice, billings, 01 <br />payments shall he. salt. <br />9. Findings of Westminster City Council. This lease of Consumable Water is made <br />pursuant to the following findings 1101eby entered by the Westminster City Council: In the judgment <br />of City Council, the terms of this Watei .].ease, Agreement, including the payments received from the <br />lease, will result in improvement of the capacity, efficiency, 01 service of Westminster's utility <br />system, and Westminster enters into this Water lease Agreement and will effect the lease of <br />Consumable Water from \Vestminstei'5 utility system and use the payment Oleic from to facilitate <br />improvements of Westminster's utility system. <br />10, In accordance with the requirements of Section 14.3 (a) of the Westminster City <br />Charter, \Vestminstei's obligations to deliver water under this Water Lease Agreement may be <br />curtailed under the following Circumstances. if in Wcstminstei's sole discretion, Westminster" <br />adopts mandatory citywide water use resttictions as a result of drought conditions, dam failure, or <br />other catastrophic circumstance limiting Westminstei's ability to satisfy the indoor water supply <br />needs Of its citizens, Westminster may curtail daily deliveries t0 Al under this lease by an amount <br />consistent with said mandatory citywide seater use restrictions. Once any such mandatory citywide <br />water Ilse iestrictions expire or are otherwise lifted, Westminster shall immediately thereafter resume <br />full daily deliveries under this Water Lease Agreement, <br />11. If, foi any reason \Vestminstel is temporarily unable to satisfy its obligations for <br />delivery of water to Al under tliis Water Lease Agi eeinent foi any period of time, the pat ties agree <br />that any damages resulting to Al therefrom shall be limited to a pro rata refund of the total lease <br />payment. Westminster shall not be liable for any consequential, exemplary or punitive damages for <br />failure to deliver water pursuant to this Water Lease Agreement, Other than a pro rata refund of the <br />total lease payment, no other damages may be asserted or paid by Westminster to AI as a result of the <br />inability to delivery water, AI expressly waives any and all other claims of damages. <br />3 <br />