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11. Emergency Water Limitations. The parties agree that from time to time <br />emergency situations may require the District to limit leases of or the use of water leased from <br />the District. The parties agree that the necessity for such limitation is a fact to be determined by <br />the District in the exercise of its reasonable discretion from time to time, as occasion may <br />require. The parties agree that the District may adopt such reasonable restrictions on the use of <br />this leased water or priorities for curtailed use, as may be necessary to adapt to such emergency <br />conditions. including limitations on Lessee's supplies pursuant to this Lease. The District shall <br />not he liable in tort or contract for imposing such reasonable restrictions. In the event that the <br />District is unable to deliver the leased water as specified in this Lease, then Lessee's payment for <br />water shall be reduced or refunded in proportion to the amount of any reduction of deliveries by <br />the District. <br />12. Not aPermanent Supply. The parties understand and agree that this Lease is not <br />to be interpreted as any commitment on the pant of the District to furnish water to Lessee on a <br />permanent basis. but rather to assist Lessee in supplementing Lessee's own supplies by the <br />leased water from the District for a temporary period. <br />13. Right to Obiect. 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, <br />including the prevention of injury to other vested or conditional water rights, regardless of how <br />Lessee uses the ,.eater. <br />14. Time of EssenceiRemedics. Time is of the essence, and if any obligation created <br />by this Lease is not performed by either party, then the non -defaulting party shall have all <br />remedies available to it in law and equity. <br />15. This Lease may be assigned by Lessee only upon prior written consent of the <br />District and at the District's sole discretion. <br />16. This Lease does not give Lessee any legal or equitable title in or to the water <br />rights from which the water is derived or any water or water rights of the District. This Lease <br />does not entitle Lessee to seek judicial approval of a permanent commitment of or change in the <br />water rights from which the water is derived. <br />17. In the event of litigation regarding this Lease, the prevailing party shall be <br />awarded its costs, including reasonable attorneys' tees. <br />18. This Lease shall be govemed by the laws of the State of Colorado. <br />Long -terns Lease 3.16; IU <br />Valco - Cation City East Pit <br />Page 4 of <br />