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the occurrence of the force majeure; (B) the suspension of performance is of no greater <br />scope and of no longer duration than is required by the force majeure event or condition; <br />- - - - - -- arid (C) non=performingparty proceeds with reasonable to remedy its -- <br />inability to perform and provides weekly progress reports to the other party describing <br />the actions taken to remedy the consequences of the force majeure event or condition. As <br />used herein force majeure shall mean any delay or failure of a party to perform its <br />obligations under this Agreement caused by events beyond the party's reasonable control, <br />and without the fault or negligence of the party, including, without limitation (A) acts of <br />God, (B) sudden actions of the elements such as floods, earthquakes, hurricanes, or <br />tornadoes, (C) sabotage, (D) vandalism beyond that which can be reasonably prevented <br />by the party, (E) terrorism, (F) war, (G) riots, (H) fire, (I) explosion, (J) drought [a <br />condition more severe than that which occurred in 2002 in the South Platte River Basin <br />or any basin from which the Fully Reusable Water originates], (K) blockades, (L) <br />insurrection, (M) strike, slow down or labor disruptions (even if such difficulties could be <br />resolved by conceding to the demands of a labor group); (N) changes of law relating to <br />financial obligations, revenues and budgetary matters concerning Colorado local <br />governments and their enterprises. In the event any delay or failure of perfolluance on <br />the part of the party claiming force majeure continues for an uninterrupted period of more <br />than one hundred twenty (120) days from its occurrence or inception as noticed pursuant <br />to this Paragraph, the party not claiming force majeure may, at any time following the <br />end of such one hundred twenty (120) day period, terminate this Agreement upon written <br />notice to the party claming force majeure, as further provided in Section 8 herein. <br />16. Intent of Agreement. This Agreement is intended to describe the rights <br />and responsibilities of and between the named Parties and is not intended to, and shall not <br />be deemed to confer rights upon any persons or entities not named as Parties or as <br />authorized assigns, nor to limit in any way the powers and responsibilities of Aurora, <br />Lafarge, or any other entity not a party or assign hereto. <br />17. Effect of Invalidity. If any portion of this Agreement is held invalid or <br />unenforceable for any reason by a court of competent jurisdiction as to either party or as <br />to both Parties, the entire Agreement will terminate as further provided in Section 8 <br />herein. <br />18. Assignability. Except as expressly provided herein, neither Aurora nor <br />Lafarge may assign its rights or delegate its duties hereunder without the prior written <br />consent of the other party. Lafarge may assign its rights to use of the Fully Reusable <br />Water to any affiliate of Lafarge (being any entity controlled by, controlling or under <br />common control with Lafarge) or in connection with any sale, lease or other transfer of <br />any sand and gravel extraction or processing operation or any real property where such <br />Fully Reusable Water has been or is capable of being used. <br />19. Successors and Assigns. This Agreement and the rights and obligations <br />created hereby shall be binding upon and inure to the benefit of the Parties hereto and <br />94111104 \1075876.1 <br />6 <br />