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Deliveries. <br />2.1. Point of delivery. Longmont shall, at its sole discretion, deliver the <br />Subject Water at either (hereinafter the "Delivery Point "): (1) the outfall of Longmont's <br />municipal wastewater treatment plant, presently located in the SE'/ NW'/ of Section 11, T2N, <br />R69W of the 6 °i P.M., Boulder County, Colorado, or (2) the confluence of Spring Gulch and the <br />Saint Vrain Creek, presently located in the SEl /4 of Section 7, T2N, R68W of the 6`h P.M., Weld <br />County, Colorado. Customer shall bear any losses associated with conveyance of the Subject <br />Water from the Delivery Point to any location where Customer may use the Subject Water. <br />Longmont shall be responsible for all losses and /or return obligations associated with delivery of <br />the Subject Water to the Delivery Point. <br />2.2. _Timing of deliveries. The Subject Water shall be delivered based upon the <br />following schedule: <br />Month <br />Year <br />Ac -Ft <br />November <br />2013 <br />4.23 <br />December <br />2013 <br />2.60 <br />January <br />2014 <br />1.77 <br />February <br />2014 <br />1.43 <br />March <br />2014 <br />1.37 <br />April <br />2014 <br />0.66 <br />October <br />2014 <br />5.25 <br />Total <br />17.31 <br />2.3. Accounting. Longmont shall maintain an accounting of all deliveries of <br />the Subject Water to Customer, and shall provide monthly copies of such accounting to <br />Customer upon request. <br />3. Use of Subject Water. Customer shall use the Subject Water for the purpose of <br />operating a Temporary Substitute Water Supply Plan at their Nelson Mining Resource located in <br />Section 31, Township 3 North, Range 67 West, in Weld County, CO (the "Property "). No change <br />of Longmont's water rights shall be applied for or reviewed as part of such use. Customer shall <br />be responsible for obtaining all necessary authorizations, approvals, decrees, and /or pen-nits from <br />any and all private entities, and local, state, and federal agencies, as may be required to effectuate <br />use of the Subject Water by Customer pursuant to this Agreement. If requested, Customer <br />shall provide copies of any such authorizations, approvals, and pen-nits to Longmont. <br />4. Rate. Customer agrees to pay Longmont $258.00 per acre -foot. The total price <br />for the 17.31 acre -feet of Subject Water is 54,466.00. Payment to Longmont of $4.466.00 is due <br />upon execution of this Agreement; such payment shall be nonrefundable and not contingent upon <br />whether the Subject Water is actually diverted or used by Customer, so long as Longmont <br />Page 2 of 7 <br />