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<br />. <br /> <br />. <br /> <br />a. By mutual written agreement of the Service and <br />Parks; or <br /> <br />b. by the Service, without penalty, if Parks and the <br />CWCB are unable to obtain Water Court approval for <br />releases of the above-described water from Steamboat Lake <br />for instream flow purposes; or <br /> <br />c. by Parks, upon the Service's failure to perform any <br />covenant contained herein and to correct such failure <br />within 30 days after service of the written notice of <br />Parks' intent to terminate the Lease and Sublease; or <br /> <br />d. by Parks at the end of the initial lease term if <br />after good-faith negotiations and Parks and the Service <br />are unable to agree on a price per acre-foot per year for <br />the lease extension. <br /> <br />e. by the Service if funding is not available for such <br />purposes or if Parks does not release water or CWCB fails <br />to administer releases in accordance with the Service's <br />requests. <br /> <br />17. Failure to Perform Due to Conditions Bevond Control of <br />Other Party. In the event that a party fails to perform under <br />this Lease and Sublease and such failure is the result of <br />conditions or occurrences beyond its control, the other parties <br />shall be relieved from all their obligations under this Lease and <br />Sublease. For purposes of this paragraph, Parks and the CWCB shall <br />be deemed to include the State of Colorado and its agencies. <br /> <br />18. Enforceabilitv. The terms of this Lease and Sublease <br />shall be enforceable by any party in an action for specific <br />performance in a court of competent jurisdiction. This Lease and <br />Sublease shall not create any third-party beneficiaries and shall <br />not be enforced by anyone other than Parks, the CWCB, or the <br />service. <br /> <br />19. Effect of Invaliditv. Except as provided in paragraph <br />18 above, if any portion of this Lease and Sublease is held invalid <br />or unenforceable for any reason by a court of competent <br />jurisdiction as to any party or as to all parties, such portion <br />shall be deemed severable and its invalidity or unenforceability <br />shall not cause the entire Lease and Sublease to be terminated. <br /> <br />20. Termination of Sublease Shall Terminate Lease. If the <br />sublease from the Service to the CWCB under paragraph 6 above is <br />terminated or held to be invalid or unenforceable, then the lease <br />shall also automatically terminate without fault or liability of <br />either Parks or the Service to the other. In like manner, if the <br />lease to the Service is terminated or held to be invalid or <br />unenforceable, then the sublease to the CWCB shall also <br /> <br />9 <br /> <br />.>". .. ',;'; ~__,_ "_'. ,~__'" _ _-' ,',.L.. ".,",_;.1,,' .;_-_~-.;--''"t_i- " +-F-~ <br /> <br />:-~ <br />, <br />~ <br /> <br />,';j' <br /> <br />,'" <br /> <br />, <br />;j <br />',' <br /> <br />'\)1 <br /> <br /> <br />