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change at least thirty days prior to the start of the new five ' <br /> year period. In the event the Lessee does not require the <br /> delivery of any of the Leased Water in a given year, there shall <br /> he no administrative costs charged. The City shall invoice the <br /> Lessee for the annual administrative costs in January of each <br /> year and Lessee shall pay said costs within thirty days of the <br /> invoice date . In the event the Lessee shall fail to pay its <br /> accrued administrative costs in any year, the City shall have the <br /> right, in addition to any other legal or equitable remedies it <br /> may have, to refuse to deliver the Leased Water until such time <br /> as all accrued administrative fees have been paid in full . <br /> 8 . At the option of the City, delivery of the Leased Water <br /> shall be made at ' the City' s Waste Water Treatment Plant, 7,00 <br /> South Boise Avenue, Loveland, CO, or at such other downstream <br /> location or locations above the Lessee' s original point of need <br /> as agreed by and between the Lessee and City in writing. Lessee <br /> shall not unreasonably withhold its approval - of any request by <br /> the City to move the point of delivery. <br /> 9 . Subject to the provisions of paragraph 5, the City <br /> shall only be obligated to deliver the Leased Water to the Lessee <br /> if water meeting the requirements of this Lease is reasonably <br /> available to the City. In the event of a drought or other <br /> conditions, restrictions or emergency situations beyond the <br /> control of the City which limit the City' s ability to receive or <br /> deliver all or a portion of the Leased water to the Lessee, the <br /> City shall be relieved of its obligations to deliver such water , <br /> under the terms of this Lease until such time as conditions <br /> permit the City' s receipt and delivery of the Leased Water. <br /> 10 . The Lessee shall take the Leased Water AS IS and the <br /> City makes no express or implied warranties of any kind or <br /> nature, including the warranties of merchantability or fitness <br /> for a particular purpose, concerning the water quality of the <br /> Leased Water. <br /> 11 . In the event the Lessee wishes to assign, encumber or <br /> exchange its rights to receive all or any portion of the Leased <br /> Water not already used to satisfy a temporary substitute supply <br /> plan or permanent augmentation decree to a third party, the City <br /> shall have the first right of refusal to reacquire said rights. <br /> In such event , Lessee shall notify the City •in writing and shall <br /> provide the City with a copy of the signed agreement between the <br /> Lessee and the third party. The City shall have the right to <br /> reacquire the water rights within ninety days from receipt of the <br /> notice, by informing Lessee of its intent to exercise its first <br />