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09/01/2006 FRI 11:30 FAX 7192545150 LAVWCD Fax g1007/009 <br /> S ' <br /> • <br /> adapt to such emergency conditions or shortage,including reductions in water deliveries under <br /> this Lease. Lessee agrees that the Board is not liable in tort or contract under this Lease on the <br /> account of the necessity for adopting and implementing such policies to Meet emergency <br /> conditions or shortage. . <br /> 13.Prior Agreement Priority of Curtailment.The Board has entered into an agreement with Pueblo <br /> Suburban Development,L.L.C.,dated May 14,2003,as amended on February 21,2006,in <br /> which the Board agrees to supply up to 3,000 acre feet per annum of water to Pueblo Suburban <br /> Development,L.L.C.,for a term commencing twenty-five(25)years beginning January 1,2004. <br /> Pueblo Suburban Development,L.L.C.,has an option to extend that agreement for one time for <br /> an additional fifteen(15)years. That agreement contains paragraphs 14, 15 and 16,which <br /> paragraphs are very similar to paragraphs 10,11, 12 of this agreement concerning the right of <br /> the Board under certain circumstances to curtail water deliveries to extraterritorial customers of <br /> the Board. The agreement between the Board and Pueblo Suburban Development,L.L.C.,also <br /> contains the following provision: <br /> "The Board and Pueblo Suburban acknowledge that the Board may enter into future <br /> 'tonal customers for the delivery of untreated water by the Board. <br /> agreements with extraterritorial•• thereof that should <br /> The Board agrees that during the term of this agreement or any extension th <br /> the Board exercise its rights under paragraphs 14,15 and 16 of this agreement to curtail <br /> water deliveries to extraterritorial customers of the Board that the Board will curtail the <br /> extraterritorial raw water supplies under agreements that it may enter into with customers <br /> after the date of this agreement before curtailing water supplies to Pueblo Suburban." <br /> The Lessee acknowledges and accepts this limitation on the water to be provided under this <br /> Lease. <br /> 14.Refund for Reduced Deliveries. In the event that the Board is unable to make the deliveries of <br /> water to Lessee,as a result of conditions identified in paragraphs 9 through 13,then Lessee's <br /> payment for water shall be reduced or refunded in proportion to any reduction of deliveries by <br /> the Board <br /> 15. Limitations Concerning Subsequent Extra-Territorial Water Customers. The Board shall not <br /> use the provisions of Paragraphs 10 through 12 to curtail extra-territorial water supplies to <br /> Lessee in order to lease water to new extra-territorial water customers of the Board at higher <br /> water charges. <br /> 16.Not a Permanent Supply. The parties understand and agree that this Lease is not to be <br /> interpreted as any commitment on the part of the Board to furnish water to Lessee on a <br /> permanent basis,but rather is to assist the Lessee in supplementing Lessee's own water supplies <br /> by water leased from the Board for a temporary period. <br /> Page 3 of 5 <br />