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S. Determination of Water Availability by the District Board. The District Board allows <br />surplus water to be leased to others on a temporary basis, such as this lease, until the same is needed <br />by participants in the District's augmentation, substitute supply, or rep] acement plans. The extent to <br />which surplus mater is needed by participants in the District's plans is a fact to be determined by the <br />District Board in the exercise of its reasonable discretion from time to time as occasion may require. <br />9. InterruPtion of Water Supply Bevond District Control. Both parties to this Lease <br />recognize that the Districts Consumable Water is variable in quantity for reasons beyond the control <br />of the District. The District shall not be liable in tort or contract for any failure to accurately <br />anticipate availability of water supply or because of an actual failure to supply water due to <br />circumstances beyond the reasonable control of the District, including but not limited to act of God, <br />strike, war, insurrection, or inability to serve arising out of the order of any court, or the lawful order <br />of any governmental administrative body or agency clothed with authority to regulate matters <br />pertainin�� to water, public utilities, public health or pollution control. <br />10. Emergency Water Limitations. The parties agree that from time to time emergency <br />situations may require the District to limit leases of or the use of water leased from the District. The <br />parties agree that the necessity for such limitation is a fact to be determined by the District in the <br />exercise of its reasonable discretion from time to time, as occasion may require. The parties agree <br />that the District may adopt such reasonable restrictions on the use of this leased water or priorities <br />for curtailed use. as may be necessary to adapt to such emergency conditions, including limitations <br />on Lessee's supplies pursuant. to this Lease. The District shall not be liable in tort or contract for <br />imposing such reasonable restrictions. In the event that the District is unable to deliver the leased <br />water as specified in this Lease, then Lessee's payment for water shall be reduced or refunded in <br />proportion to the amount of any reduction of deliveries by the District. <br />1 t. Not a Permanent Supph. The parties understand and agree that this Lease is not to be <br />interpreted as any commitment on the part of the District to furnish water to Lessee on a permanent <br />basis, but rather to assist Lessee in supplementing Lessee's own supplies by the leased water from <br />the District for a temporary period. <br />12. Right to Object. The parties understand and agree that the District specifically <br />reserves its right to object and may object to any Replacement Plan filed by Lessee to protect its <br />interests in the water and this Agreement and to ensure compliance ,.with applicable law. including <br />the prevention of injury to other vested or conditional water rights, retaardless of how Lessee uses the <br />water. <br />13. Time of Essence /Remedies. Time is of the essence, and ifany obligation created by <br />this Lease is not performed by either party, then the nondefaulting party shall have all remedies <br />alarlable t( It in law' and equity. <br />Paine ? of 3 <br />One Year Lease 5 :19,'10 <br />