C150293 Feasibility Study

• Contract/PO #: C150293
• Contractor Name: North Sterling Irrigation District
• Contract Type: Loan
• Water District: 0
• County: Logan
• Loan Projects - Doc Type: Feasibility Study

I IIIliI Iilll lIIIIlI lill! illl IlII IIIIIII III IIIII !!I! IIlI
B763~ 04/2~/2006 ii:~i B9d4 P446 LSEAGMT
8 of 12 R 61.00 D 0.80 N 0.00 Lo'an CountY CO
8. Farce Majeure. If at $ny time during the term of this Lease Ageement, either
PSCo is rendered unable to operate the Pawnee 5tation, oz the Water Company is rendered
unablc to deliver water pursuant to t~e terms of ~Iiis I:ease Agreement as a resutt af actians ~iy
federal, state or local govemments, or their agencies, the affected Party shall give notice to the
vth~r Parry wrthin tliirty {~pj ~days fmm thc ~ate the aff~cted i'ariy f~as n~atice vr ~Cn~wi~ge of
the governmental action or proposed action. The notice sha11 specify: (1) the nature of the
gav~en~a~- a~c~on or ~os~~ actie~; E2)- t~ i~~ en~ th~ ~ff~cted Pa~, E3)~ th~ proj€ct~d
date on which the govemmental action or proposed acdon will preclude the aff~ Party from
Qperating ~ursuant to this Lease Agreement, and (4} a descript~on of ttie actions that the affe~ed
Party will take with respect to the governmental action or pmpased action. The Parties shall
continue to perform under this Ix,ase Agreement unN1 the date that the affe~ted Party is
precluded from continued operations by the governme~ntal action or prcyposed action. ff PSCo is
the affected Parly, PSCo shall on~y pay the Water Company for water delivered as of the date of
discontinuance of opera~ions at fihe then-exist9ng per acre-foot rate. 1~ the ~Vater ~Company is fihe
affected Party, it shall deliver water h~reunder uatil such date as it is precluded from operating
~t tcr ~is I.esse !!~ aad~ P~Co shsil om~y pa~+ ti~e ~Ka~ber f,onipan~ for vv~er
actually deiivered during the calendar year in which ~e discontinu~nce of operations occurs.
Payment s~all be atthe then-exi~riring ~p~r-ec~e-foot rate,.aad~if PSGo~has~paid for moFe v~-a.ter-than
is actualty deiivered, the Water Campany sh~~t refund to PSCo any amounts paid for water that
was not actually delivered by the Water Company.. This Lease Agreement shall terminate on the
date of discontinuance of operations, subject to the payment and delivery obligations descri`bed
in this section of the Lease Agreement If at any ti~e durin8 the term of this Lesse Agreement
the affected Party is able to continue or restart operations in compliance with federal, state or
local law, the unsffeeted Party shall hsve the aption of reinstating this Lease Agreemeat by
providing written notice to t1~e affect~" Farty. T7ie unaffected Party shall specify in tlie writ~en
notice the date on which this Lease Agreement shall be reins#ated, and obligadons under this
I;sase•Agteement~s~allTemain'~m fuit-fiorce~a~ad~effect fmm~t~te~date-o€ such reinstatemen~
9. Vuatex Court Procee~in~rs. The• Psrties . a~ree tQ fullg cooperate in any Water
Court groceedings that are necessary to implement performa.nce under this Lease Agreement
Each Party shall i~ear its own costs and ~tto~.n~ys fees associated with such p~ings.
10. Inclusion in Substitute Water Sup~hr Plan. The Watet Company will work with
Nc>rth Sterliag to include the Pawnee Wells in the 2005 Substitube Water Supply Plan and
subsequent substitute water supply plans pcrtaining to the augmentation plaa that is currently
pending before the~Disfrict Court in and for Water Division Na. 1 in Ca.se No. 96CW1034.
11. 'oritv of Deliverv. It is expressly understood betwe~en the ParEies, that shoul~
the Water Company cantract with other entitie.s ar individuals for delivery of water, that such
d,eliveries shall aat inLerfere urith, and shall be subordinate to, the delivery obligations imposed
on the Water CompaaY bY this Lease Agreemen~
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