C150269 Contract - Laserfiche WebLink

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reasonable attorney fees) sustained or brought by any person, firm, corporation, or other entity in connection with or in any way arising from that party's activities undertaken pursuant to this Agreement. Nothing in this paragraph or this Lease shall be construed as a waiver by either party of any immunity from damages or limitation on damages available to the Parties including sovereign immunity, any limitations on liability provided in the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., (2008), and any limitations on liability of Santa Maria under C.R.S. § 37-87-104 (2008), or any other limitations on liability, including any future statutes or amendment to existing statutes. 7.0 Termination 7.1 If at any time during the term of this Lease the District is in default of any its obligations hereunder, and fails to remedy any such default within (sixty) 60 days of receipt of notice from Santa Maria of such default, then this Agreement sha11 terminate and Santa Maria shall have no further obligations under this Lease. Any Subject Water then held in storage in either of the Reservoirs shall be released within thirty (30) days of such termination, unless otherwise agreed to by Santa Maria, the District, and the Division Engineer. 7.2 If at any time during the term of this Agreement Santa Maria, by reason of act of God or other force beyond its control (other than spill as provided for in paragraph 5.3 above) is unable to provide Firm Storage Space at either Reservoir pursuant to this Agreement, then either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. In case of termination, Santa Maria sha11 make reasonable attempts to release any of the Subject Water in storage in either Reservoir at a time and at flow rates agreed to by the District and the Division Engineer. 8.0 Assignment The District shall not assign any of its rights or obligations under this Agreement without the written consent of Santa Maria. 9.0 Ezchange Provided that judicial approval is obtained, the Subject Water is not reduced in quantity, and the District's Augmentation Program is not injured, Santa Maria may exchange and substitute native water derived from its own water rights for transmountain water stored under the Subject Water rights. 10.0 Illegality If a court of competent jurisdiction, or the State and/or Division Engineer issue an order prohibiting the District from storing water lawfully available to the Subject Water rights in either Reservoir, the District may, at its sole discretion, declare by written notice to Santa Maria that Page 6 of 9