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J-Q:t.E1 Y EL, <br />OCT 0 4 2011 <br />WATER RESG�IRCE� <br />STATE �ENG1NEFp ` <br />-O!_ r� <br />5. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred <br />dollars ($300.00) per acre -foot of Fully Reusable Water delivered under this Agreement as <br />described above. The cost per acre foot will be adjusted annually in accordance with the Denver <br />— Boulder — Greeley CPI (All Urban Consumers). <br />6. Payment. On the first day of September in each year, Aurora shall bill Lessee for <br />the As Available delivery amount, based on the number -of acre -feet ofrequested by Lessee in <br />the most recently submitted Delivery Schedule. All billing shall be done on such forms as <br />designated by Aurora for that purpose. Payment by Lessee shall be due no later than forty =five <br />(45) days after such bill has been issued. If Lessee does not make the required_ payment by the <br />due date, Aurora -may provide a notice of default. If Lessee does not cure the default by making <br />full payment within thirty (30) days of receipt of any notice of default, then Aurora, in addition <br />to pursuing any other remedies available to it, may withhold delivery of the Reclaimed <br />Wastewater -until Lessee makes payment for all past due administrative charges. <br />7. NoMetits Conferred. Except as otherwise provided in this Agreement, the <br />parties acknowledge that all Fully Reusable Water leased hereunder is intended for the present <br />and future use of Aurora. It is further understood and agreed to by the parties that this <br />Agreement shall confer no rights in such Fully Reusable Water upon Lessee, nor shall any future <br />needs,of Lessee for water enable Lessee to make claim against Aurora for,any of Aurora's Fully <br />Reusable,Water, other water or water rights. Lessee further acknowledges the statutory <br />prohibition against vesting of a right for a continued lease expressed in CRS § 31 -35 -201 applies <br />in these circumstances. <br />8. Use of Leased Fully Reusable Water. Lessee shall have the right to use the <br />Fully Reusable Water leased under this Agreement for augmentation_ purposes within Water <br />Division 1, Water Commissioner District 2. <br />9. Effective Date. This Agreement shall be in full force and effect from the date of <br />its execution, following approval by Aurora. <br />10. Aurora -Right to Withold Delivery. The parties hereto acknowledge that <br />hydrologic and other conditions may exist wherein Lessee may not 'need all or`a portion of the <br />Fully Reusable Water flow available to it under this Agreement. Aurora may contact Lessee, not <br />more frequently `than once per day, to determine if any of the Fully Reusable Water leased <br />hereunder will not be needed. If Lessee will n`ot need the Fully Reusable Water, Aurora, at its <br />option, may choose not to deliver the water to the delivery.points and /or may, use the same for <br />any purpose. If Aurora withholds delivety'of water pursuant to this paragraph, Lessee shall be <br />entitled to a credit or repayment ip water or in money for the water withheld. <br />11. Entire Agreement-of the Parties. This writing' constitutes the entire Agreement <br />between the parties and'supersedes a1'( p`rior written or oral agements, negotiations, <br />representations, and understandings of the parties with respect to the subject matter contained <br />herein. <br />Bestwaylease <br />