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by Central pursuant to this Agreement. If requested by Longmont, Central shall promptly provide copies of any such requests, applications, authorizations, approvals, and/or permits to Longmont. Central shall provide written notice to Longmont of any substitute water supply plan and/or any water court application utilizing the Subject Water. 4. �t . 4.1. • Fully Consumable Water Rgte, The rate for the Fixed Water and Optional Water (the "bully Consumable Water"), for the first five (5) years during the term of this Agreement, shall be $258.00 per acre-foot {"Initial Rate"). Payment for the Fully Consumable Water deliverable during the first year of this Agreement shall be due contemporaneously with the execution of this Agreement, and payment for all subsequent years shall be due no later than November I' for the Fully Consumable Water deliverable the following year. Such annual payments shall be nonrefiutdable and not contingent upon whether the Fully Constumable Water is actually diverted or used by Central, so long as Longmont either delivers or was ready to deliver the Fully Consumable Water. Beginning in the sixth year of the term of this Agreement, and for the remainder of the term of this Agreement, the Initial Rate shall be subject to increases (tho "Adjusted Rate ") based on Longmont's analysis of the pro rata cost of the Longmont water system facilities used for providing the Fully Consumable Water ("Cost of Service Analysis "). Longmont may conduct Cost of Service Analyses at -its sole discretion during the tear -of this Agreement. Factors included in Longmont's Cost of Service Analysis and determinations of the Adjusted Rate may include, without limitation, the costs attributable to developing Longmont's base raw water supply, yearly assessment costs to acquire raw water from third party suppliers, costs to construct, operate and maintain Longmont's raw water system, losses attributable to developing a reusable water supply, and the then- current market value of fully- consumable water. Upon completion of a Cost of Services Analysis, Longmont shall notify Central, in writing, of the Adjusted Rate for the Fully Consumable Water, which Adjusted Rate per acre- foot of Fully Consumable Water shall become effective for the next payment due no later than November 1`t, as described above. The Adjusted Rate charged to Central shall be the same Adjusted Rate charged to other contract purchasers, as adjusted to reflect those costs or increased costs that may be specific to only Central and not to other contract purchasers. The Initial Rate shall remain in effect until a cost of Service Analysis is completed, as set forth above. The Adjusted Rate may be further adjusted pursuant to subsequent Cost of Service Analyses. Upon receipt of written notice of any Adjusted Rate for the Fully Consumable Water, Central shall have 60 days in which to determine if the Adjusted Rate for the Fully Consumable T� Water is acceptable to Central. If Central determines that the Adjusted Rate for the Fully Consumable Water is acceptable to Central, no action need be taken by Central. If Central determines that the Adjusted Rate for the bully Consumable Water is not acceptable to Central, Central may terminate this Agreement upon written notice to Longmont prior to the expiration of the 60 days, and neither party shall have any further obligations under this Agreement. No refund of prior payments by Central for the Subject Water shall be required upon such termination. 4,2. Windy Gan Water Rate: For the first five (5) years during the term of this Agreement, Central agrees to pay Longmont $75.00 per acre -foot for the Windy Gap Water ("Initial Windy Gap Rate "). Payment for the Windy Gap Water deliverable during the first year Page 4 of 12