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reuse of reclaimed wastewater through leases to others for use at locations other than Aurora,
<br />Colorado, including, but not limited to, challenges to retained dominion and control, C) acts of
<br />God, D) sudden actions of the elements such as floods, earthquakes, hurricanes, or tornadoes, E)
<br />sabotage, F) vandalism beyond that which can be reasonably prevented by the Party, G)
<br />terrorism, H) war, I) riots, J) fire, K) explosion, L) severe cold or hot weather, M) snow, N)
<br />drought [a condition more severe than that which occurred in 2002 in the South Platte River
<br />Basin or any basin from which the Reclaimed Wastewater originates] O) other extreme weather
<br />conditions, P) blockades, Q) insurrection, R) strike, slow down or labor disruptions (even if such
<br />difficulties could be resolved by conceding to the demands of a labor group); S) actions by
<br />federal, state, municipal, or any other government or agency (including but not limited to, the
<br />adoption or change in any rule or regulation or environmental constraint imposed by federal,
<br />state or local government bodies) but only if such requirements, actions, or failures to act prevent
<br />or delay performance, T) inability, despite due diligence, to obtain required licenses, permits or
<br />approvals, and, U) changes of law relating to financial obligations, revenues and budgetary
<br />matters concerning Colorado local governments and their enterprises. In the event a force
<br />majeure event or condition prevents Aurora from delivering all or part of the agreed upon
<br />amounts of Reclaimed Wastewater to Lessee, Aurora shall refund all advance payments made for
<br />that water not delivered within sixty (60) days of the conclusion of the force majeure event or the
<br />cancellation of the Agreement pursuant to the remaining provisions of this Paragraph. In no
<br />event will any delay or failure of performance caused by any conditions or events of force
<br />majeure extend this Agreement beyond its stated term. In the event any delay or failure of
<br />performance on the part of the Party claiming force majeure continues for an uninterrupted
<br />period of more than one hundred twenty (120) days from its occurrence or inception as noticed
<br />pursuant 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 notice
<br />to the Party claiming force majeure, without further obligation except as to costs and balances
<br />incurred prior to the effective date of such termination.
<br />19. Sole Obligation of Utility Enterprise.
<br />(a) This Agreement shall never constitute a general obligation or other indebtedness
<br />of the City of Aurora (the "City "), or a multiple fiscal year direct or indirect debt or other
<br />financial obligation whatsoever of the City within the meaning of the Constitution and laws of
<br />the State of Colorado or of the Charter and ordinances of the City.
<br />(b) In the event of a default by Aurora's Utility Enterprise of any of its obligations
<br />under this Agreement, Lessee shall have no recourse for any amounts owed to it against any
<br />funds or revenues of the City except for those revenues derived from rates, fees or charges for
<br />the services furnished by, or the direct or indirect use of, the Water System and deposited in the
<br />Water Enterprise Fund, as the terms "Water System" and "Water Enterprise Fund" are defined in
<br />City Ordinance No. 2003 -18, and then only after the payment of all operation and maintenance
<br />expenses of the Water System and all debt service and reserve requirements of any bonds, notes,
<br />or other financial obligations of the Utility Enterprise secured by a pledge of the net revenues of
<br />the Water Enterprise Fund. Notwithstanding any language herein to the contrary, nothing in this
<br />Agreement shall be construed as creating a lien upon any revenues of the Utility Enterprise or the
<br />City.
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