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guasi-govemmental entity inciuding Middle Park and its Board of Directors, or other <br />govemmental entity, for discan#inuance of service due to the failure of the Applicant to <br />maintain the payments herein required on a current basis. <br />(5) The water provided hereunder shall have equal priority with Middle <br />Park's water stored annually in Wolford Mountain Reservoir, and in case of shortage <br />shafl be prorated in a ratio tha# Appiicant's contracted water bears to the tatat acre-feet <br />available to Middle Park in Woffiord Mountain Reservoir. <br />(6) Af1 terms and conditions of the Agreement are expressiy incarporated in <br />this Cantract and Applicant agrees to abide by the terms and conditions set out herein <br />in so far as they relate to the wa#er herein canveyed, as well as covenanting and <br />agreeing not to advance a legal position contrary to the interest's of Middle Park in the <br />event of iitigation regarding the Agreement. <br />(7) This Cantract shall be perpetuai and shall bind the future Baards of <br />Middle Paric as we11 as App(icant. The water right allotted hereunder will be <br />beneficially used for ttie purposes and in the manner specifed herein and this <br />Contract is for the exclusive benefit of the Applicant and shall not inure to the benefrt <br />of any successor, assign, or lessee, of said Applicant without the prior written approvaf <br />of the Board af Directors of Middle Park. No further consent of Middle Park, however, <br />shali be required for Appiicant's use of the water right to servica cvstomers in <br />App(icant's augmentation pf ans, provided the County retairis ownership of the water <br />rights. (8) Applicant shail have no right to se(i, lease, transfer encumber, or <br />otherwise deal in the water rights conveyed to it pursuant to this Contract except to fhe <br />normal exten# of providing said water fa and through 'rts domestic or municipal water <br />supply system or augmentation pian. Any fees charged by Summit County to <br />custorners for inc(usion in its augmentation plan shall not be cansidered a sale or <br />lease under this Agreement. <br />{9) Additionally, in recognition of the fact that Middle Park by conveying this <br />water ta Applicant is praviding a preference to said Applicant over other future <br />quaiified users, and the intent is not to create a surplus of water bu# to satisfy the <br />future reasonable requirements of Applicant, it shaEl not have the right tQ seli; lease, <br />transter, encumber or othenNise deal in orwith its other existing decreed water rights <br />or any water rights that it may have a contract to purchase as of Novembar 1, 1983, <br />by any sale or conveyance of water rights which would result in transbasin diversion or <br />exchange of. said water rights. This provision shall not limit the abiiity of Summit <br />County to replace or exchange water to Denver and/or others who may use the <br />replacement water for transbasin divers9on ar exchange. Middle Park specifically <br />recognizes and.aliows use of this water for repiacement water under the 1985 <br />Agreement befween Summit County and the Board of Water Commissioners ofi #he <br />City and County of Denver, as amended, as well as the July 29, 1992 Agreement <br />-3-