Castle Pines North Water Provider Agreement

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transaction for the offered Storage Space which includes
completion of all items noted in "Process for Transfer" below.
("Closing Period").
2. Transfer Limitation. Any transfer that results or will result in
termination of the Water Storage Agreement, or a suspension
thereof by the Government shall be void ab initio.
3. Transfer to Third Party. If none of the other Water Providers
provides proper written notice within the Notice Period and/or
closes the transaction for the offered Storage Space with the
Closing Period, the Water Provider may transfer its offered Storage
Space to such third party pursuant to the terms provided in the
written notice and this Paragraph IIID. If necessary, CDNR will
assist with coordination among interested parties to support a
transfer.
4. Process for Transfer. Water Provider may transfer its Storage
Space by means of assignment of all or a portion of this
Agreement. In the event of such assignment, the transferee shall,
within 90 days after the end of the Notice Period, enter into an
agreement with CDNR, identical in substance to this Agreement
(except as to the Pro Rata Share in the event of a partial
assignment and method of payment), which will replace and
supersede this Agreement, in whole or in part. The transferee shall
not store water in Chatfield Reservoir until it has executed such
agreement with CDNR. In the event of a partial assignment,
concurrently with the transferee's execution of an agreement with
CDNR, Water Provider shall execute an amendment of this
Agreement that reflects Water Provider's reduced Pro Rata Share.
All amounts due and owing through and including the Closing Date
by Water Provider pursuant to this Agreement are the responsibility
of Water Provider. For any Storage Space transferred pursuant to
this Paragraph III.D, all amounts due and owing by Water Provider
pursuant to this Agreement shall be paid in full prior to transfer of
such Storage Space being effective.
IV. Water Provider's Payment Obligations
A. First Cost of Storage. Water Provider shall pay its Pro Rata Share of the
First Cost of Storage as defined in Article I.J of the Water Storage
Agreement, which amount is more specifically described in Article II.F.1 of
the Water Storage Agreement.
B. Federal Mitigation Costs. Water Provider shall pay its Pro Rata Share of
the costs of Recreation Modifications, and Compensatory Mitigation
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