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2013-12-23_HYDROLOGY - M1999005
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2013-12-23_HYDROLOGY - M1999005
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Last modified
8/24/2016 5:38:18 PM
Creation date
12/23/2013 4:53:15 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1999005
IBM Index Class Name
HYDROLOGY
Doc Date
12/23/2013
Doc Name
Substitute Water Supply Plan 01/01/2014-03/31/2015
From
DNR Division of Water Resources
To
Helton & Williamsen, P.C.
Email Name
TOD
Media Type
D
Archive
No
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party shall give written notice to the defaulting party specifying the terms of the <br />particular default and the defaulting party shall have thirty (30) days after receipt of such <br />notice either to cure or undertake and proceed diligently to cure, such default. In the <br />event the defaulting party shall cure the default in a timely manner, this lease shall <br />continue in full force and effect as though no default had occurred. In the event any <br />default is not cured in a timely manner the non - defaulting party may elect its. remedies <br />as follows: <br />A. Termination of this agreement at the election of the non - defaulting party. <br />7. Termination: This Lease shall automatically terminate at the end of the term. <br />This Lease shall also terminate upon the election of either party to terminate same after <br />an uncured default by the other party has occurred. Such termination shall not relieve <br />the defaulting party from any damages it may be ultimately obligated to pay to the non - <br />defaulting party. <br />8. Indemnifications: AGUA shall have no responsibility or liability whatsoever for <br />any claim, demand, action or liability whatsoever asserted or arising as a result of the <br />use of the leased water rights by ALL -RITE, and ALL -RITE shall indemnify and hold <br />harmless AGUA from any claim, demand, action or liability whatsoever asserted or <br />arising as a result of the use of the leased water rights by ALL -RITE. In addition, ALL - <br />RITE agrees to pay, and to indemnify AGUA against, all costs and expenses (including, <br />but not limited to, AGUA's reasonable attorney fees) incurred by or imposed upon <br />AGUA, by or in connection with any litigation to which AGUA becomes a party as a <br />result of the use of the leased water rights by ALL -RITE, or that may be incurred by <br />AGUA in enforcing any of the covenants and agreements of this Lease (with or without <br />the institution of any action or proceeding relating to the Leased Water Rights or in <br />obtaining possession after an Event of Default or upon expiration or termination of this <br />Lease Agreement). <br />9. Drought Clause: AGUA's water supply partially relies on leases with other water <br />providers. Some of those agreements reserve the right to temporarily suspend the lease <br />based on emergency need of water for municipal use. AGUA reserves the right to delay <br />or halt deliveries to Martin Marietta as part of this agreement if AGUA's suppliers <br />suspend delivery of water to AGUA. <br />10. Miscellaneous: <br />A. Complete agreement: This Lease and the Agreement contain the <br />complete and entire agreement between the parties regarding the transaction <br />contemplated herein, and supersede all prior understandings, if any, between the <br />
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