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Lessee specified in this Lease,then Lessee's payment for water shall be reduced or refunded in <br /> proportion to any reduction of deliveries by the Board. <br /> 12. Prior Agreement Priority of Curtailment.The Board has entered into an agreement with Pueblo <br /> Suburban Development,L.L.C.,dated May 14,2003,in which the Board agrees to supply up to <br /> 5,500 acre feet per annum of water to Pueblo Suburban Development,L.L.C.,for a term <br /> commencing twenty-five(25)years beginning January 1,2004. Pueblo Suburban <br /> Development,L.L.C.,has an option to extend that agreement for one time for an additional <br /> fifteen(15)years. That agreement contains paragraphs 14, 15 and 16,which paragraphs are <br /> very similar to paragraphs 9, 10 and 11 of this agreement concerning the right of the Board <br /> under certain circumstances to curtail water deliveries to extraterritorial customers of the Board. <br /> The agreement between the Board and Pueblo Suburban Development,L.L.C.,contains the <br /> following provision: <br /> "The Board and Pueblo Suburban acknowledge that the Board may enter into future <br /> agreements with extraterritorial customers for the delivery of untreated water by the Board. <br /> The Board agrees that during the term of this agreement or any extension thereof that should <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 /> 13. Limitations Concerning Subsequent Extra-Territorial Water Customers. The Board shall not <br /> use the provisions of Paragraphs 9 through 11 to curtail extra-territorial water supplies to Lessee <br /> in order to lease water to new extra-territorial water customers of the Board at higher water <br /> charges. <br /> 14.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 /> 15. Assignability. This Lease may be assigned by Lessee subject to prior written approval of said <br /> assignment by the Board,which approval shall not be unreasonably withheld. <br /> 16. Substitute Supply Plans and Augmentation Plans. The Board agrees that the water to be <br /> delivered under this Lease may be used in substitute supply plans and augmentation plans,and <br /> that it will cooperate with Lessee to provide information regarding its water rights that may be <br /> needed to obtain approval of Lessee's temporary substitute supply plans and/or augmentation <br /> plans. Lessee will provide any administrative or judicial body acting on its temporary substitute <br /> supply plan or augmentation plan a copy of this Lease. All costs for review and/or approval of <br /> Page 3 of 5 <br />