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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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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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any such plans shall be borne by Lessee,and Lessee shall provide a copy of all such approved <br /> plans to the Board. <br /> 17. Waiver. Unless stated otherwise herein,failure of either party to this Lease to exercise any right <br /> hereunder shall not be deemed a waiver of such party's right and shall not affect the right of said <br /> party to exercise,at some future time,said right or rights or any other right it may have <br /> hereunder. No waiver of any of the provisions of this Lease shall be deemed or shall constitute <br /> a waiver of any other provision,whether or not similar,nor shall any waiver constitute a <br /> continuing waiver. No waiver shall be binding unless executed in writing by the party making <br /> the waiver. <br /> 18.No Exclusive Right or Privilege. Nothing in this Lease is to be construed as a grant by the <br /> Board of any exclusive right or privilege. <br /> 19. Title to Water Rights.Nothing in this Lease is to be interpreted as giving the Lessee any legal or <br /> equitable title in or to any of the Board's water or water rights. <br /> 20. Remedies. In the event that either party defaults in the performance of any of its obligations <br /> under this Lease,each party shall have all remedies provided in this Lease or by law or equity, <br /> but neither party shall have the right of specific performance against the other. In the event of <br /> litigation,the prevailing party shall be entitled to its litigation costs,including reasonable <br /> attorney's fees. <br /> 21. DefaultLRight to Cure. In the event that either party believes that the other is in default of any <br /> obligation under this Lease,the non-defaulting party shall promptly give written notice of the <br /> default to the defaulting party. If a notice of default is provided,the party accused of the default <br /> shall either cure it or provide a written statement explaining why it is not in default. If the <br /> alleged default is not cured or otherwise resolved within thirty(30)days,the parties may resort <br /> to their remedies. <br /> 22. Right to Enter Lease. Each party hereby warrants and represents that it has the full right and <br /> lawful authority to enter into this Lease. <br /> 23. Governing Law. This Lease shall be governed by the laws of the State of Colorado in all <br /> respects. <br /> 24. Headings. The headings used to designate the various sections of this Lease are solely for the <br /> convenience of reference and shall not be construed to define or limit any of the terms or <br /> provisions hereof. <br /> 25.No Third Party Beneficiaries. Except as expressly provided otherwise,this Lease is intended <br /> to be solely for the benefit of the parties and their respective successors and permitted <br /> Page 4 of 5 <br />
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