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ORIGINAL <br />AMENDMENT TO AGREEMNT FOR LEASE OF FIRM DELIVERY OF <br />'(�L.t- t�M L a <br />RECLAIMED WASTEWATER OCT 15 201-j <br />' THIS AMENDMENT TO AGREEMENT FOR LEASE OF FIRM DELIVERY OF <br />RECLAIMED WASTEWATER between THE CITY OF AURORA, COLORADO, acting by W <br />and throw h its Utili Enterprise, and ALBERT FREI & SONS, INC., is made and entered into <br />this Agnay of + r&,2011 by and between the City of Aurora, Colorado, a Colorado <br />municipal corporation of the Counties of Adams, Arapahoe and Douglas, acting by and through <br />its Utility Enterprise ( "gura�ra ") and Albert Frei &Sons, Inc. (" ee "); <br />1WMESSETH <br />WHEREAS, Aurora and Lessee entered into the Agreement For Lease of Firm Delivery <br />Reclaimed Wastewater, dated May I7, 2011, hereinafter, the " "; and <br />WHEREAS, Aurora and Lessee agree to amend the Agreement as provided herein; and <br />WHEREAS, the paragraphs herein with paragraph numbers are the same paragraph <br />numbers as in the Agreement and are the only paragraphs that are amended; <br />NOW, THEREFORE, in consideration of the premises and the mutual promises and <br />covenants contained herein, Aurora and Lessee hereby agree as follows: <br />1. General Term The term of this Agreement shall commence on the Effective Date, as <br />defined in paragraph 21, and continue until the last date for delivery of water as provided for on <br />the annual water delivery schedule attached hereto as Exhibit A and incorporated herein by this <br />reference (the "Delivery Schedule "), Aurora will commence supplying the Reclaimed <br />Wastewater on Febraary 1, 2011 and cease supplying the Reclaimed Wastewater on December <br />31, 2015. <br />8. Payment. Aurora shall bill Lessee for all effluent it will deliver during 2011, as shown <br />on the Delivery Schedule, within 30 business days of the Effective Date. On the second day of <br />January, 2012, and on each succeeding January 2 until 2015, Aurora shall bill Lessee for all <br />effluent it will deliver to Lessee during that year of the Agreement as set forth in the Delivery <br />Schedule. All billing shall be done on such forms as designated by Aurora for that purpose. <br />Payment by Lessee shall be due no later than forty -five (45) days after such bill has been issued. <br />If Lessee does not make the required payment by the due date, Aurora may give Lessee a notice <br />of default. If Lessee does not cure the default by making full payment within thirty (30) days of <br />receipt of any notice of default, then Aurora, In addition to pursuing any other remedies available <br />to it, may declare this Agreement terminated. <br />18. Misceilaneous. <br />(n) Except as modified herein, the Agreement is In full force and effect and is hereby <br />ratified by Aurora and Lessee. <br />(o) Capitalized terms not defined herein shall have the same meaning as set forth in <br />9410\154299s 1 <br />