2013-12-19_HYDROLOGY - M1982131 - Laserfiche WebLink

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09/23/2013 12:49 9703530721 BUCKLEN EQUIPMENT PAGE 03/04 or, if required by Lessee, daily basis. Lessee shall have the right, upon prior reasonable notico, to verty the ecoumay of the measuring davices utflized by Lessors, The fully consumable portion of said deliveries shall be determined by multiplying the measured deliveries by 47.5%, or by some other factor as required by the Mate Engineer. 4. T= The term of this agreement shell be from the date of a moution of this Agreement until October 31, 2014, upon expUmtJan of thle AgreemaM Lessee shall have the right to negotiate terms for extending the lease for another year. 6_ Use. Lessee shall be entitled to use the Graham Ditch Water Leased pursuant to this agreement for any and all benefloial uses, including, but not limited ta, fully 00nsumable augmer+tMn and replacement. 61 Amrpyg!- lessee shall have the right, at its sole cost and expense, to seek and obtain State Engineer approval of a SWSP, using the Graham Ditch Water as a source of augmant0on or replacement water, during the term of this Agreement., Lessor shall not oppose Lessee's SWSP and shall fully cooperate with lessee In oonnsction with the request(e) by Providing such- information and assistance me WrGAV0M8blwrequwted'by i�e�e;'its-WatBr rights counsel, fts•engiri�nq consultants or'• the bivision Enainoer. WM*s and Re 7.1 Independent lnSaabon and Review. Lessee acknowledges that it has investigated, obtained and reviewed to its satisfaotion whatever informe tpn or doounrents it deemed necessary which relde to or affect the yield and operation of the Graham Ditch and its use of Graham Ditch U►gbet, and I enters Into this Agreement based solely in reliance Capon Its own investigation as to the yield and suitability of the Graham Ditch Water far its purposes. Lessor Makers no reprecontatlons, warranties, agreements or promises with respect to the yield to lessee or sultabirdy of the Graham Ditch Water for Lessee's purposes, 7.2 Full Authority. The undersigned representthat they have full authority to enter into this Agreement on behalf of the respective parties The parties have taken all actions required and secured the necessary approvers to enter into this Agreement. a. A►ssignsbUity. This Agreement shalt be binding upon and inure to the bmsnefit of the Lessor and Lessee and their respective successors and assigns. 9. E Agreement This Agreement constitutes the entee' agreement between the parties and supersedes ati other prior and contemporaneous agreements, representations, and under tandings of the parties regarding Ithwoubjeot matter-of thla fgOarnent- No supptemenk mod1Hwtrori-or- anwepdment of - this Agreement shall be binding unless executed in wring bji the parties. No representations or warranties whatever are made by any party to this Agreement eipcmpt as specifloally set forth in this Agreement or In an instrument delivered pursuant to this Agreement. 10, Default Rewedies. A default shall be deemed to have occurred if either party breaches its obligations hereunder and falls to cure such breach within 30 days of written notice from the non - breaching party specifying the breach. Waiver or Wure to give notice of a partioulsr default or defoutia shall not be construed as condoning or acquiescing to any continulm or subsequent defauiL In addition to other legal remedies availabla In it Inpluding speoitio performance and damages, the non - breaching party shall also have the right to cancel the Agreement for n0ncomp1anc6 with any provislon hereunder by giving written notice of cancellation; provided that such party has previously given the other party written notice of such noncompliance and the other party has not cured such noncompliance, 11. nfvrcmrne,�t. This Agreeme m shall be construed end governed In aooareranae with the tsrws Or the Stabs of Colorado, and Shag be deemed per formatble In Weld County, Colorado. This Agreement may 2of3