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5. Term. The term of this Agreement shall begin November 1, 2014 and shall end on <br />October 31, 2015. <br />6. Untreated water. The water delivered to Customer under this Agreement is <br />untreated or non - potable water of whatever quality that is now or in the future available from the <br />sources specified herein. Delivery of non - potable water under this Agreement will be on an "as <br />is" basis only, and Longmont does not warrant the quality of the Subject Water or the suitability <br />of the Subject Water for any particular purpose. Customer shall not make any claim against <br />Longmont arising from the quality of water delivered, and Longmont shall have no treatment <br />responsibility for the Subject Water made available under this Agreement. <br />7. Indemnification. Customer shall bear all responsibility for its use of the Subject <br />Water provided under this Agreement, together with the costs associated therewith. Customer <br />shall defend, indemnify and hold harmless Longmont from and against any and all damages, <br />claims, losses, obligations, other costs, and other liabilities arising out of Customer's use of the <br />Subject Water provided under this Agreement. <br />8. Transfer and assignment. This Agreement, and the right to use the Subject Water, <br />may not be transferred, assigned, subleased or otherwise conveyed by Customer for use at <br />locations other than the Property without the prior written consent of Longmont. <br />9. Water Conservation. Customer agrees to implement or continue reasonable Best <br />Management Practices (`BMP ") for water conservation during the term of this Agreement. This <br />subparagraph shall not be construed to require any specific BMP, but shall broadly be held to <br />encourage reasonable, cost effective efforts to conserve water used by Customer both under this <br />agreement and for base water supplies used by Customer. Procedures and application processes <br />for this subparagraph shall be as outlined in the City's annual Water Supply and Drought <br />Management Plan. <br />10. Integration. This instrument embodies the whole agreement of the Parties with <br />respect to the subject matter contained herein. This Agreement shall supersede all previous <br />communications, representations, or agreements, whether verbal or written, between the Parties <br />hereto. There shall be no modification of this Agreement nor waiver of any of its provisions <br />except upon mutual agreement of the Parties expressed in writing, executed with the same <br />formalities as this instrument. <br />11. Default, Remedies. A default shall be deemed to have occurred if either Party <br />breaches its obligations hereunder and fails to cure such breach within 30 days of written notice <br />from the non - breaching Party specifying the breach. Waiver or failure to give notice of a <br />particular default or defaults shall not be construed as condoning or acquiescing to any <br />continuing or subsequent default. In addition to other legal remedies available to it, including <br />specific performance and damages, the non - breaching Party shall also have the right to cancel <br />this Agreement for noncompliance with any provision hereunder by giving written notice of <br />cancellation; provided that such Party has previously given the other Party written notice of such <br />noncompliance and the other Party has not cured such noncompliance. <br />3 <br />L:\KRAIER %WataUW haft SpeckW S4oA Tam WSA 2014 -t5 F@IAL.doc 10r"14 <br />