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not sublease the Reclaimed Wastewater to which it is entitled pursuant to this Agreement without <br />the permission of Aurora, vvliicfi permission Aurora may grant or withhold at its discretion. <br />1 1. Successors and Assigns. This Agreement and the rights and obligations created hereby <br />shall be binding upon and inure to the benefit of the Parties hereto and their respective successors <br />and assigns, if any are allowed. The Parties intend that Aurora shall not incur any liability other <br />than those liabilities directly running to Aurora or assigns permitted under this Agreement if any. <br />Lessee therefore covenants and agrees to indemnify, save and hold harmless Aurora from all <br />liability, cost or expense of any kind, including Aurora's costs of defense to any other party <br />arising in connection with or relating in any way to the execution, delivery or performance of <br />any allowed assignment or any related document by the parties thereto or to the consummation <br />of any transaction In connection with such documents. <br />12. No Ri <ghts Conferred. Except as otherwise provided in this Agreement, the Parties <br />acknowledge that all Reclaimed Wastewater leased hereunder is intended for the present and <br />future use of Aurora. It is further understood and agreed to by the Parties that this Agreement <br />shall confer no rights in such Reclaimed Wastewater upon Lessee, nor shall any future needs of <br />Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed <br />Wastewater, other water or water rights. Lessee further acknowledges the statutory prohibition <br />again >t vesting . of a right for a continued lease expressed in CRS § 31 -35 -201 applies in these <br />C I l CUllIStaIICCS. <br />13. No Opposition to Aurora Water Court Matters. From the date of execution of this <br />Aoreeinent through the conclusion hereof, Lessee agrees that neither it nor any successors, if any <br />are allowed, «vill oppose Aurora in any Colorado Water Court applications filed by Aurora. <br />14. Aurora Right to Request Reuse. The Parties hereto acknowledge that hydrologic and <br />Other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed <br />Wastewater flow available to it under this Agreement. Aurora may contact Lessee, not more <br />frequently than once per day, to determine if any of the Reclaimed Wastewater leased hereunder <br />will not be needed. <br />15. Entire Agreement of the Parties. This Agreement represents the entire agreement of <br />the Parties and neither Party has relied upon any fact or representation not expressly set forth <br />herein. All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br />representations, covenants and warranties concerning the subject matter hereof, are merged in <br />this Agreement. <br />16, Amendment. This Agreement may be amended, modified, changed, or terminated in <br />whole o1 in part only by written agreement duly authorized and executed by the Parties hereto. <br />17. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity <br />for specific performance, injunctive, or other appropriate relief, including damages, as may be <br />available according to the laws of the State of Colorado. It is specifically understood that, by <br />executing this Agreement, each Party commits itself to perform pursuant to the terms hereof, and <br />that any breach hereof resulting in any recoverable damages shall not thereby cause the <br />5 <br />009-= 11t0310\181 1961 3 <br />