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i iiiiii iiiii iii~iii iiiii i~ii iiii iiiiiii iii iiiiii iii iiii <br />d763~ 04/26/Z~6 ii :~3A 99d4 ~446 LSEAGMT <br />i0 of 12 R 61.00 D 0.00 N 0.N Le~an Cow+ty CO <br />12. Ch~n~gs in Ouantity or T' ' of Delivery. The Parties ma.Y~ bY ~P~~, ~~ <br />agreement: (1) incre.ase or decrease the total ~anual amount and/or the monthly amount of fully <br />consumable water from the Narth Sterling Water Rights that will be delivered to the South PIatte <br />River by the Water Company on behalf of PSCo; and/or (2) change or modify the months in <br />whici~ fiilly consumabie water from the Aiort~ Sterling Water Rights will be delivered to the <br />South Platte River by the Wat~rr Company on behalf of PSCo; and/or (3) change the timing of <br />any del~very of fully consumab~e water dec~ivered to the Saath Platte River by the Water <br />Company on behalf of PSCo to inctude delivery of all or any portion of fully consumable water <br />available ~ursuant to the North Sterling Water Rights at any and all times, without limitation. <br />13. Indemnification. The Parties agree to save and hoid each other harnnless from and <br />against all liability from damage to properiy, or death of any person, or liahility arising from <br />claims arising aut of or specifically related to actions of the Parties and their agents, employees, <br />and conttactors and pursuant to tlie terms sad conditions of this Lease Agreement. <br />}.4. A its. The W~ter ComPsuY agrees ta mairrtain aecurate recor~s in aceardance <br />with sound accountin.g principles to evidsnce compliance with this Lease Agreemen~ Said <br />accoua~t~g recc~rds sha~ ~reser~t ~~ a~d accur~te ~ccou~ti~g of all c}~ges to PSCo ~der t~s <br />Lease Agreement Upon 30 days wtitten notice, the Water Company shall provicle PSCo with <br />access to such accounting records, so that PSCo can determine whether the Wat~r Company is in <br />compliance with the provisioas of this Lease Agceemen~ These accounting records shall be <br />made available to PSCo during the term of this Lease Agreement and for a period of twenty-four <br />{24) months thereafter. <br />I S. Defaui~,Remedies. In fhe event of default hereunder by any Party, the remedies <br />upon default are as set forth belaw unless otherwise provided in this Lease Agreemen~ The <br />remedies of t~e ~arties si~i stuviv+e teimina.tivn of this ixase Agre~ment. <br />I S.1 A de~au~E s~ be deemed ta have occ~ ~f a~y Party breaches its <br />abligations hereunder and fails to cure such breach within 30 days of receipt of written notice <br />s~ecifyin,g the breach. <br />15.2 Upon any default by anY Party, the non-defaulting Parly shall be entitled to <br />seek any available remedies under law or equity (including, without limitation, specific <br />perfomo~ance and/or damages) and the prevailing Party shall also be entitled to recovery of its <br />reesonable attorneys' fces, expert witness fees, and court costs. The Parties acl~owledge that <br />due to the unique subject ma.tter of this Lease Ag~reement, legal remedies may be inadequate, <br />c~amages n~y bc diffcutt ta ~etermine, a~ 'rt ~ay be impassible to retuat thc IIoa-d~faultiag <br />Pariy to the status quo as it existed at the tim~ of defaul~ As a~su1t, the non hreaching Party <br />sl~l ~ve ~e ~g~t xo ~speci~c }~er~or~ce ~dex xer~s a~d c~d~taons of t~s ~.e~se ,Ag~eemer~t. <br />16. Notice. All notices and other communications under this L~se Agceement shall <br />be in writing and shall be deemed to have been received on the date of service, if served <br />persanally or vis facsimile an the person ta whom notice is given, or on the tl~ird day after <br />10 <br />