Laserfiche WebLink
<br /> <br />the BOARD, which is attached hereto and incorporated herein by <br />reference as, Exhibit E. In the event that .the, lease between RMBL and <br />the ,BOARD is terminated, management' of the Water Rights shall become <br />the sole responsibility of RMBL pu,rsuant to:. the terms and conditions <br />stated herein. All documents affe,cting the Water Rights .executed by <br />RMBL or th~ BOARD subsequent' to the date of this Agreement shall be <br />s,ubject to this Agreement, whic:h shall be attached the,reto and <br />incorporated therein by reference. Except as so stated, the RMBL and <br />the BOARt> may continue: to exercise a.ll of their respective right~ as <br />the owner and lessee of th~ Water Rights. <br /> <br />6. Binding Effect. This Agreement shall. be binding upon the <br />parties hereto and 'upon any successors in interest to the Property <br />and lor Water Rights. Any sale o~ transfer of the Property by ~NC.or af <br />the Wate~ Rights by, RMBL shall be subject to these Articles which shall <br />be attached to any. document of purchase OJ; transfeJ; ~nd incorporated <br />therein by reference. The. purchaser or trans.feree shall succeed the <br />seller's or transferor's rights and duties hereunder. <br /> <br />7. Default. If any party reasonably believes that any other party <br />is in default 1n any of the -obligations under this Agreement, it may <br />give, any other party written notice of the alleged default:. Promptly <br />therea fter, the parti.es shall confer and make' a good faith effort to <br />correct the default and to resolve any difference of opinion which may <br />exis,t as to the, respective rights and duties under this Agreement. No <br />party shall be liable to any other party for damages alleged to have <br />been caused by any default under this Agreewent. However, default by <br />TNC may result in the removal'.of the Property from the Colorado Natural <br />A~eas System. Default ~y the BOARD and/or RMBL may result in the <br />removal of RM~L's water rights from the Colorado Natural Areas System. <br /> <br />8. Term'iniEl-t;ion. If' any party des.ires to terminate this Agreement, <br />it shall so notify any other party and give said other partyCies) an <br />opportunity to ,confer regarding the reasons for, tertidnation. No less <br />than 60 days- a,fl:er said initial notice, the notifying party may <br />terminate this Agree~e~t by notice to said other partyCies). At the <br />request of TNC and/or the BOARD and/or RM~L following termination of <br />this' Agreemen~. the DEPARTMENT shalt. execute an'd deliver to TNC and/or <br />the nOARD and,/or RMBL a release of all its right, title and interest in <br />the property and/or Water Rights ari~ing out of this Agreement. . <br /> <br />9. Not.ice. All notices to be given pur,s~ant to. this Agreement <br />shall ~e in wr.iting and 'shall be sent postage prepaid by registered or <br />certified mail, return r~ceiit ~equested to the addresses first listed <br />above or to such other person 9t address as the party to be notified <br />may h~ve'designated prior thereto by written notice to the other <br />party. Arty notice so mailed shall be effective upon receipt. <br /> <br />10. <br />parties <br /> <br />Amendm~nts. These Articles may be amended <br />hereto with the approval ~f the Council. <br /> <br />in writing by the <br /> <br />Page 5 of 7 pages <br />