|
�. Demiliination ofGWaler A ailabiltty b,, the District Board._ 'I he District Board alio\ks
<br /> ,u,Tiu,cc atcl to he lea,,cd to other~oil a tcmporan hasiS Such a,fill',iC ISC. lintel the sanw is needed
<br /> b� participant,in the District's augmentation. Substitute Supply,or replacement plans The extent to
<br /> ci,ilich tiurplus eater is needed 11% parlicip.tnt,in the District's plan,is a fact to he,deternimcd by the
<br /> District Board in the cxeirisc ON,,;reasonable discretion tram(uric to time a,occasion nla) require.
<br /> 9 Iritcn-uption oC Water S�nly 13cv�incj District C ontrol. Both partic.� to this Lease
<br /> rccos:nlie that the District'',C'onsimiable Water i, ,ariahle In quantity fair reasons beyond the control
<br /> of the District- The District shall not he liable ui tort or contract to)r any failure to accurately
<br /> artti.:ipate availability of `later supply or beeauSC kit' an actual tallure to supply water due to
<br /> clrcunlstanccs hc`ond the reasonable control oftTic Di,tnct. including hilt not lirllitcd to act of God,
<br /> strlkc. war, ins ncctrun.of iriahllit}'to Scryc arising out ofthe order of any court,or the lawful order
<br /> rf ;env `o eminental admir,i;tmtiv c hod)• or aLer::} c!"Itlicd vv itl author ty to icgulate matters
<br /> hcrtaulin to water. puhhC lnihtle,, public Ticalth or pollution control
<br /> 1 rt Iallerucncv \Wnter_Linu tat lolls. "The partic, ,,,rec Out fTrmll tinge to ante emergency
<br /> situations may require the District to limit leases ofor the:use ofvv ater leased from the District. The
<br /> partic� agree that the necessity iOr such limitation is a fact to he detemlinud by the District in the
<br /> excrci,e of its reasonable discretion from time to tinge, as occasion may require. The parties agree
<br /> that the District nriv adopt such reasonable restrictrun<on the use of this leased water or priorities
<br /> tilt curZailcd uSe, as teal be neccsSary to adapt to such emergency Condition,, nlCludulg limitations
<br /> on Lessees supplies pursuiillt to this Lease. The District shall not he liable in toil or contract for
<br /> lnlposntg such reasonable restrictions hi the event that the District is unable to deliver the leased
<br /> water a, Specified ni this Lease. then Lessee's payment for eater shall he reduced or refunded rn
<br /> proportion to the amount ofaily ieduction of deliveries by the Dietrict.
<br /> 1 1 Not a.Pcrnutncnt Supply. 'I lie parties undef stand and agice that this [.ease is not tube
<br /> interpreted as any CeirTinlittltetlt(ill the part of the District to furnish water, to Lessee on a pennanent
<br /> basis.but rather to assist Lessee to supplemcnung I.e see*s ovvn supplies by the leased water from
<br /> the District fair a temporary penod.
<br /> 12, jti tit to Ohieci [�he parties understand and agree that the District specifically
<br /> reserve, it, right to object and may! object to any Replaeenient Plan tiled by Lessee to protect its
<br /> interests in the water and this Agreement and to ensure compliance with applicable lain, including
<br /> the plev ClItion of ii tun to other vested or conditional eater rights.regnrdICS, ofhovv Le',lice uses the
<br /> vv atct
<br /> 13 'I isle of I:,,,cnce_R_emcdies. Time is of the essence.and ifany ohli<,ation created by
<br /> this I.ease t, not Performed by either party, then the nonciefaulting party shall have all remedies
<br /> available to it rn latis and equity
<br />
|