Common use of Default for Nonpayment Clause in Contracts

Default for Nonpayment. 3.1 If Park County fails to pay the West Slope Charge within the period allowed by Denver Water’s normal collection procedures, Denver Water will send a written notice to the River District. 3.2 The River District will send written notice to Park County, with a copy to Denver Water, of breach of contract for failure to pay the West Slope Charge. The notice of breach shall include a reasonable period during which Park County may cure the breach. 3.3 The River District will undertake such measures as it deems necessary to collect the unpaid West Slope Charge. 3.4 If other efforts fail and the River District deems it necessary, the River District will send a notice of proposed suspension of water delivery to Park County and a notice of default to Denver Water requesting that Denver Water suspend delivery of water to begin on a proposed date of suspension, which shall be no less than 10 days following the date of the notice. 3.5 If payment is not received prior to the end of the noticed period, Denver Water agrees to suspend deliveries of water as requested by the River District, until such time as the West Slope Charge is paid and the River District requests Denver Water to resume deliveries. 3.6 Denver Water will not suspend deliveries of water to Park County unless the written notice of default includes a certification from the River District that it will take full responsibility for any damages to Park County resulting from suspension of service requested by River District that is later determined to be unlawful or to be invalid by reason of an error committed by the River District, and to hold Denver Water harmless for any such damages and costs incurred by Denver Water, if any, in defending itself. The River District will assume no responsibility for an error committed by Denver Water. Dated this 31st day of January, 2017. Colorado River Water Conservation District By: ▇▇▇ ▇▇▇▇▇, President By: ▇▇▇▇▇ ▇▇▇▇▇▇▇, General Counsel City and County of Denver acting by and through its Board of Water Commissioners By: Chief Planning Officer Approved as to form: By: Office of General Counsel REGISTERED AND COUNTERSIGNED: CITY AND COUNTY OF DENVER By: ▇▇▇▇▇▇▇ ▇. ▇’▇▇▇▇▇, CPA Auditor The terms and conditions of this West Slope Charge Agreement are approved and accepted by Park County this date of By: ▇▇▇▇ ▇▇▇▇▇▇▇ Chairman, Board of County Commissioners