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4. Use of sublect water rights: The water delivered to FREMONT may be used for <br />all lawful purposes. <br />5. If FREMONT, its agents, or employees responsible for discharging the <br />obligations under this lease have not properly satisfied such obligations, AGUA may <br />declare an event of default and choose among the remedies set forth in Paragraph 6 <br />below. <br />6. Default: In the event of a default hereunder by either party, the non -defaulting <br />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 />7. Termination: This Lease shall automatically terminate at the end of the term. <br />This Lease shall also terminate upon the election of either party to terminate same, after <br />an uncured default 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 />8. Indemnifications: AGUA shall have no responsibility or liability whatsoever for <br />any claim, demand, action or liability whatsoever asserted or arising as a result of the <br />use of the leased water rights by FREMONT, and FREMONT shall indemnify and hold <br />harmless AGUA from any claim, demand, action or liability whatsoever asserted or <br />arising as a result of the use of the leased water rights by FREMONT. In addition, <br />FREMONT agrees to pay, and to indemnify AGUA against, all costs and expenses <br />(including, but not limited to, AGUA's reasonable attorney fees) incurred by or imposed <br />upon AGUA, by or in connection with any litigation to which AGUA becomes a partly as <br />a result of the use of the leased water rights by FREMONT, or that may be incurred by <br />AGUA in enforcing any of the covenants and agreements of this Lease (with or without <br />the institution of any action or proceeding relating to the Leased Water Rights or in <br />obtaining possession after an Event of Default or upon expiration or termination of'this <br />Lease Agreement). AGUA agrees to pay, and to indemnify FREMONT against all :costs <br />and expenses (including, but not limited to, FREMONT's reasonable attorney fees) <br />incurred by FREMONT upon default by AGUA in enforcing any of the covenants and <br />2 <br />