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(a) This Agreement shall never constitute a general obligation or other indebtedness <br />of the City of Aurora ( "City"), or a multiple fiscal year direct or indirect debt or other financial <br />obligation whatsoever of the City within the meaning of the Constitution and laws of the State of <br />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 />antler 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. <br />20. Miscellaneous. <br />(a) Intent of Agreement. This Agreement is intended to describe the rights and <br />responsibilities of and between the named Parties and is not intended to, and shall not be deemed <br />to confer rights upon any persons or entities not named as Parties, nor to limit in any way the <br />powers and responsibilities of Aurora, Lessee, or any other entity not a party hereto. <br />(b) 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 to both <br />Parties, the entire Agreement will terminate. <br />(c) Waiver of Breach. Waiver of breach of any of the provisions of this Agreement <br />by either Party shall not constitute a continuing waiver of any subsequent breach by said Party of <br />either the same or any other provision of this Agreement. <br />(d) Multiple Originals. This Agreement may be simultaneously executed in any <br />number of counterparts, each one of which shall be deemed an original, but all of which <br />constitute one and the same Agreement. <br />(c) Headings for Convenience. Headings and titles contained herein are intended <br />for the convenience and reference of the Parties only and are not intended to confine, limit, or <br />describe the scope of intent of any provision of this Agreement. <br />(f) jtecordation. Following the execution of this Agreement, the Parties may cause <br />(tits Agreement to be recorded with the Clerk and Recorder's Office of such county or counties <br />in Colorado as they may desire. <br />(g) Notice. All notices, requests, demands, or other communications (collectively, <br />"Notices ") hereunder shall be in writin- and given by (i) established express delivery service <br />which maintains delivery records requiring a signed receipt, (ii) hand delivery, or (iii) certified or <br />7 <br />00941t\n.i0\is1 1961 1 <br />