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shall confer no rights in such Reclaimed Wastewater upon Lessee, nor shall any future needs of <br />Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed <br />Wastewater, other water or water rights. Lessee further acknowledges the statutory prohibition <br />against vesting of a right for a continued lease expressed in CRS § 31 -35 -201 applies in these <br />circumstances. <br />13. No Opposition to Aurora Water Court Matters. From the date of execution of this <br />Agreement through the conclusion hereof, Lessee agrees that neither it nor any successors, if any <br />are allowed, will oppose Aurora in any Colorado Water Court applications filed by Aurora. <br />14. Aurora Right to Request Reuse. The Parties hereto acknowledge that hydrologic and <br />other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed <br />Wastewater flow available to it under this Agreement. Aurora may contact Lessee, not more <br />frequently than once per day, to determine if any of the Reclaimed Wastewater leased hereunder <br />will not be needed. <br />15. Entire Agreement of the Parties. This Agreement represents the entire agreement of <br />the Parties and neither Party has relied upon any fact or representation not expressly set forth <br />herein. All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br />representations, covenants and warranties concerning the subject matter hereof, are merged in <br />this Agreement. <br />16. Amendment. This Agreement may be amended, modified, changed, or terminated in <br />whole or in part only by written agreement duly authorized and executed by the Parties hereto. <br />17. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity <br />for specific performance, injunctive, or other appropriate relief, including damages, as may be <br />available according to the laws of the State of Colorado. It is specifically understood that, by <br />executing this Agreement, each Party commits itself to perform pursuant to the terms hereof, and <br />that any breach hereof resulting in any recoverable damages shall not thereby cause the <br />termination of any obligations created by this Agreement unless such termination is requested by <br />the Party not in breach hereof. <br />18. Failure to Perform Due to Force Maieure. Subject to the terms and conditions in this <br />Paragraph, no Party to this Agreement shall be liable for any delay or failure to perform under <br />this Agreement due solely to conditions or events of force majeure, as that term is specifically <br />defined herein; provided that: (i) the non performing Party gives the other Party prompt written <br />notice describing the particulars of the occurrence of the force majeure; (ii) the suspension of <br />performance is of no greater scope and of no longer duration than is required by the force <br />majeure event or condition; and (iii) the non - performing Party proceeds with reasonable <br />diligence to remedy its inability to perform and provides weekly progress reports to the other <br />Party describing the actions taken to remedy the consequences of the force majeure event or <br />condition. As 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, and <br />without the fault or negligence of the Party, including, without limitation A) changes in state or <br />federal law or administrative practice concerning, water rights administration, water quality or <br />stream flow requirements, B) changes in state water rights administrative practice concerning the <br />