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<br />- <br /> <br />13. Surplus Water. If the Service, through the CWCS, does not request release of all water leased <br />in a particular season, the leased water that is not released shall be carried over into the next <br />year and will be available for future use by the Service or the CWCS. The amount of water <br />that is carried over will be credited against the fill of the 2,000-acre-foot lease pool in the <br />subsequent year. Under 110 circumstances, however, will the volume of water available to the <br />Service or the CWCB under this lease exceed 2,000 acre-feet in any year. <br /> <br />14. Termination. This Lease and Sublease may be terminated as follows: <br />a. By mutual written agreement of the Service, Reclamation, CWCB and Parks; or <br />b. By Parks, upon the Service's or Reclamation's failure to perform any covenant contained <br />herein and to correct such failure within 30 days after the service of the written notice of <br />Parks' intent to terminate; or <br />c. By the Service or Reclamation if funding is not available for such purposes or if Parks does <br />not release water or CWCS fails to administer releases in accordance with the Service's <br />requests. <br /> <br />15. Failure to Perform Due to Conditions Bevond Control of Other Party. In the event that a party <br />fails to perform under this Lease and Sublease and such failure is the result of conditions ahd <br />occurrences beyond its control, the other parties shall be relieved from all their obligations <br />under this Lease and Sublease. <br /> <br />16. Enforceabilitv. The terms of this Lease and Sublease shall be enforceable by any party in an <br />action for specific performance in a court of competent jurisdiction. This Lease and Sublease <br />shall not create any third-party beneficiaries and shall not be enforced by anyone other than <br />parties hereto. <br /> <br />17. Effects of Invaliditv. Except as provided in paragraph 18, if any portion of this Lease and <br />Sublease is held invalid or unenforceable for any reason by a court of competent jurisdiction to <br />any party or as to all parties, such portion shall be deemed severable and its invalidity or <br />unenforceability shall not cause the entire Lease and Sublease to be terminated. <br /> <br />18. Termination of Sublease Shall Terminate Lease. If the sublease from the Service to the <br />CWCB under paragraph 4 above is terminated or held to be invalid or unenforceable, then the <br />lease shall also automatically terminate without fault or liability of either Parks or Reclamation <br />to the other. In like manner, if the lease to Reclamation is terminated or held to be invalid or <br />unenforceable, then the sublease to the CWCS shall also automatically terminate without fault <br />or liability of either Reclamation or the ewCB to other. <br /> <br />19. Miscellaneous: <br /> <br />a. Officials Not to Benefit. No Member of or Delegate to Congress, Resident Commissioner <br />or official of the United States shall benefit from this Contract other than as a water user or <br />landowner in the same manner as other water users or landowners. <br /> <br /> <br />b. Assianment Limited - Successors and Assigns Obliaated. The provisions of this Contract <br />shall apply to and bind the successors and assigns of the parties hereto, but no <br />assignment or transfer of this Contract or any right or interest therein by Parks and CWCB <br />shall be valid until approved in writing by the United States. <br /> <br />c. No Improper Pavments. Parks and CWCB warrant that Parks and CWCB have not <br />employed any person to solicit or secure this Contract upon any agreement for a <br /> <br />5 <br /> <br /> <br />"..k', " <br /> <br />1lIIIIIIIIIIIII" " '.' , ' . . ..' <br />., -., <br />