Colorado Code § 37-95-120

Agreements with governmental agencies or persons
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(1) Governmental
agencies or persons may enter into lease, sale, or loan agreements with the authority with respect
to any project, and governmental agencies or persons may also enter into purchase agreements
with the authority for the purchase of the capacity use or service of any project. Such lease, sale,
loan, or purchase agreements may be for a term covering the life of a project, or for any other
term, or for an indefinite period. Pursuant to any such agreements, such governmental agencies
or persons may obligate themselves to make payments in amounts which shall be sufficient to
enable the authority to meet its expenses, the interest and principal payments (whether at
maturity or upon sinking fund redemption) for its bonds, its reasonable reserves for debt service,
operation and maintenance, and renewals and replacements, and the requirements of any rate
covenant with respect to debt service coverage contained in any resolution, trust indenture, or
other security instrument.
(2) Purchase agreements between the authority and any governmental agency or persons
may contain such other terms and conditions as the authority and the purchasers may determine,
including provisions whereby the purchaser is obligated to pay for the output, capacity, or use of
any project irrespective of whether such output, capacity, or use is produced or delivered to the
purchaser or whether any water development project contemplated by any such agreement is
completed, operable, or operating, and notwithstanding suspension, interruption, interference,
reduction, or curtailment of the output, use, or service of such project. Subject to local charter
and state constitutional limitations, such purchase agreements may also provide that if one or
more of the purchasers defaults in the payment of its obligations under any such purchase
agreement, the remaining purchasers which also have such agreements shall be required to
accept and pay for, and shall be entitled proportionately to use or otherwise dispose of, the
output, capacity, or use of the project contracted for by the defaulting purchaser.
(3) The obligations of a governmental agency or persons under an agreement with the
authority or arising out of the default by any other purchaser with respect to such an agreement
shall not, unless otherwise lawful, be construed to constitute a debt of the governmental agency
or persons. To the extent provided in agreements with the authority, such obligations shall
constitute special obligations of the governmental agency or persons, payable solely from the
revenues and other moneys derived by the governmental agency or persons from their utility
systems, and shall be treated as expenses of operating such systems.

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