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a. By mutual written agreement of the Service and <br />Parks; or <br />b. by the Service, without penalty, if Parks and the <br />CWCB are unable to obtain Water Court approval for <br />releases of the above - described water from Steamboat Lake <br />for instream flow purposes; or <br />C. by Parks, upon the Service's failure to perform any <br />covenant contained herein and to correct such failure <br />within 30 days after service of the written notice of <br />Parks' intent to terminate the Lease and Sublease; or <br />d. by Parks at the end of the initial lease term if <br />after good -faith negotiations and Parks and the Service <br />are unable to agree on a price per acre -foot per year for <br />the lease extension. <br />e. by the Service if funding is not available for such <br />purposes or if Parks does not release water or CWCB fails <br />to administer releases in accordance with the Service's <br />requests. <br />17. Failure to Perform Due to Conditions Beyond Control of <br />Other Party In the event that a party fails to perform under <br />this Lease and Sublease and such failure is the result of <br />conditions or occurrences beyond its control, the other parties <br />shall be relieved from all their obligations under this Lease and <br />Sublease. For purposes of this paragraph, Parks and the CWCB shall <br />be deemed to include the State of Colorado and its agencies. <br />18. Enforceability <br />shall be enforceable by <br />performance in a court of <br />Sublease shall not create <br />not be enforced by anyoi <br />Service. <br />The terms of this Lease and Sublease <br />any party in an action for specific <br />competent jurisdiction. This Lease and <br />any third -party beneficiaries and shall <br />1e other than Parks, the CWCB, or the <br />19. Effect of Invalidity Except as provided in paragraph <br />18 above, if any portion of this Lease and Sublease is held invalid <br />or unenforceable for any reason by a court of competent <br />jurisdiction as to any party or as to all parties, such portion <br />shall be deemed severable and its invalidity or unenforceability <br />shall not cause the entire Lease and Sublease to be terminated. <br />20. Termination of Sublease Shall Terminate Lease If the <br />sublease from the Service to the CWCB under paragraph 6 above is <br />terminated or held to be invalid or unenforceable, then the lease <br />shall also automatically terminate without fault or liability of <br />either Parks or the Service to the other. In like manner, if the <br />lease to the Service is terminated or held to be invalid or <br />unenforceable, then the sublease to the CWCB shall also <br />E <br />