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party shall give written notice to the defaulting party specifying the terms of the <br />particular default and the defaulting party shall have thirty (30) days after receipt of such <br />notice either to cure or undertake and proceed diligently to cure, such default. In the <br />event the defaulting party shall cure the default in a timely manner, this lease shall <br />continue in full force and effect as though no default had occurred. In the event any <br />default is not cured in a timely manner the non - defaulting party may elect its remedies <br />as follows- <br />A. Suit for damages. <br />B. Termination of this agreement at the election of the non - defaulting party, <br />6. Termination: This Lease shall automatically terminate at the end of the term. <br />Th,s Lease shall also terminate upon the election of either party to terminate same after <br />an uncured defaul; by the other party has occurred. Such termination shall not relieve <br />the defaulting party from any damages it may be ultimately obligated to pay to the non - <br />defaulting party <br />7. Indemnificati ns: AGUA shall have no responsibility or liability whatsoever for any <br />claim, demand, action or liability whatsoever asserted or arising as a result of the use of <br />the leased water rights by MARTIN MARIETTA, and MARTIN MARIETIA shall <br />indemnify and hold harmless AGUA from any claim, demand, action or liability <br />whatsoever asserted or arising as a result of the use of the leased water rights by <br />MARTIN MARIETIA. In addition, MARTIN MARIETIA agrees to pay, and to indemnify <br />AGUA against, all costs and expenses (including, but not limited to, AGUA's reasonable <br />attorney fees) incurred by or imposed upon AGUA, by or in connection with any <br />litigation to which AGUA becomes a party as a result of the use of the leased water <br />rights by MARTIN MARIETIA, or that may be incurred by AGUA in enforcing any of the <br />covenants and agreements of this Lease (with or without the institution of any action or <br />proceeding relating to the Leased Water Rights or in obtaining possession after an <br />Event of Default or upon expiration or termination of this Lease Agreement). AGUA <br />agrees to pay, and to indemnify MARTIN MARIETIA against all costs and expenses <br />(including, but not limited to, MARTIN MARIETIA's reasonable attorney fees) incurred <br />by MARTIN MARIETIA upon default by AGUA in enforcing any of the covenants and <br />agreements of this Lease. <br />S. Drought Clause: AGUA's water supply partially relies on leases with other water <br />providers. Some of those agreements reserve the right to temporarily suspend the lease <br />based on emergency need of water for municipal use. AGUA reserves the right to delay <br />or halt deliveries to Martin Marietta as part of this agreement if AGUA's suppliers <br />suspend delivery of water to AGUA. <br />2 <br />