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C150212 Application
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C150212 Application
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Last modified
5/13/2016 3:51:02 PM
Creation date
5/13/2016 3:50:53 PM
Metadata
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Template:
Loan Projects
Contract/PO #
C150212
Contractor Name
Lower Arkansas Valley Water Conservancy District
Contract Type
Grant
Loan Projects - Doc Type
Application
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14. Non-Severability. Each paragraph of this lease is intertwined with the others and is <br /> not severable, unless by mutual consent of the Lessor and Lessee. • <br /> 15. Effect of Invalidity. If any portion of this Lease is held invalid or unenforceable for <br /> any reason by a court of competent jurisdiction as to either party or as to both parties,the parties <br /> will immediately negotiate valid alternative portions that as near as possible give effect to any <br /> stricken portions. <br /> 16.Assignability and Subleases. Lessor may assign or sell its rights to the shares herein <br /> leased subject to the right of first refusal for the benefit of the Lessee, as set forth herein. It is <br /> understood that Lessee may transfer, lease,or sell its right to use to the water rights leased <br /> herein,to third parties. Lessor hereby grants its permission for such transactions. <br /> 17.Successors and Assigns. This Lease and the rights and obligations created hereby <br /> shall be binding upon and inure to the benefit of the parties hereto and their respective successors <br /> and assigns in the event assignment is allowed. <br /> 18. Waiver or Breach. Waiver or breach of any of the provisions of this Lease by either <br /> party shall not constitute a continuing waiver of any subsequent breach by said party of either the <br /> same or any other provision of this Lease. <br /> 19. Multiple Originals. This Lease may be simultaneously executed in any number of <br /> counterparts,each one of which shall be deemed an original,but all of which constitute one and <br /> the same Lease. <br /> 20.Headings for Convenience. Headings and titles contained herein are intended for the <br /> convenience and reference of the parties only and are not intended to define, limit, or describe <br /> the scope of intent of any provision of this Lease. <br /> 21. Recordation. Following the execution of this Lease,the Lessee may cause this <br /> Lease,or a memorandum of the same,to be recorded with the Clerk and Recorder's Office of <br /> any Colorado County, as it may desire. Upon termination of this Lease, Lessee shall execute <br /> and record such additional documents as Lessor may reasonably may require to provide notice of <br /> termination. <br /> 22.Survival of Representations. Each and every covenant,promise, and payment <br /> contained in this Lease shall not merge in any deed,assignment,covenant,escrow agreement, <br /> easement lease or any other document, but shall survive each nevertheless, and be binding and <br /> obligatory upon each of the parties hereto. <br /> 23. Sole Obligation of Water Enterprise. The parties agree that any and all obligations <br /> of Lessee under this Lease are the sole obligations of the Lower Arkansas Valley Water <br /> Conservancy District, acting by and through its Water Enterprise, and as such, shall not <br /> constitute a general obligation or other indebtedness of the Lower Arkansas Valley Water <br /> Conservancy District, or a multiple fiscal year direct, or indirect or other financial obligation <br /> whatsoever of the Lower Arkansas Valley Water Conservancy District, within the meaning of <br />
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