Laserfiche WebLink
<br /> <br />the BOARD, which is attached hereto and inccrporated 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 conditicns <br />stated herein~ All documents affe,cting the W,ater 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 t-he,reto and <br />inccrporated 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 />andfcr 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. dccument of purchase Cl; transfer ~nd incorporated <br />therein by refereJice~ 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 reascnably believes that any other party <br />is in default In any of the "obligaticns under this Agreement, it may <br />give, any other party writt~n notice of the alleged default:. Promptly <br />therea fter l the parti.es shall ecnfer 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 fcr 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 Colcrado 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 party(ies) an <br />opportunity to ,confer regarding the reasons for, tertidnaticn. No less <br />than 60 days- 8"fl:er said initial notice, the nctifying 'Party may <br />terminate this Agree~e~t by notice to said other party(ies). At the <br />request of TNC andlor the BOARD and/or RM~L fcllowing termination of <br />this' Agreemen~. the DEPARTMENT shalt. execute an'd deliver to TNC and/or <br />the nOARD and,/cr RMBL a release of all its right, title and interest in <br />the prcperty and/or Water Rights ari~ing cut 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, ret~rn r~ceiit ~equested to the addresses first listed <br />above cr 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 />