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attached hereto as Exhibit A such date being no later than the last day of September 2024. Said <br />Agreement shall be made expressly subject to each of the terms and conditions set forth in this <br />Agreement. <br />Delivery Schedule. <br />(a) Delivery. Delivery of the Reclaimed Wastewater will be made in accordance <br />with the water delivery schedule set forth and attached hereto as Exhibit A and incorporated <br />herein by this reference as the same may be modified pursuant to the procedure described in <br />Paragraph 2(b), ("Delivery Schedule"). In no event shall the total amount of Reclaimed <br />Wastewater delivered exceed the maximum amounts set forth in the Delivery Schedule, unless <br />modified pursuant to the procedure described in Paragraph 2(b), below. As long as Aurora is <br />capable of delivering the Reclaimed Wastewater to the delivery points according to the Delivery <br />Schedule and, except with respect to such portion of the Reclaimed Wastewater as Lessee <br />notifies Aurora it will not require or as Aurora uses for other purposes subject to Paragraph 14 <br />below, Aurora delivers such Reclaimed Wastewater as required in this Agreement, Lessee shall <br />be obligated to pay the per -acre foot charge set forth in Paragraph 8 below regardless of whether <br />or not Lessee uses the Reclaimed Wastewater. <br />(b) Modification of the Delivery Schedule. At Lessee's written request the Delivery <br />Schedule set forth in Exhibit A may be modified as follows: (1) the amount of Reclaimed <br />Wastewater available for each upcoming year may be increased up to a maximum of 100 acre <br />feet at Aurora's sole discretion, provided Lessee submits a request in writing on or before the <br />first day of October of the preceding year; (2) the amount of Reclaimed Wastewater available for <br />each upcoming year may be decreased provided Lessee submits a request in writing on or before <br />the first day of October of the preceding year; (3) the amount of Reclaimed Wastewater available <br />for each upcoming month may be increased, but not decreased at Aurora's sole discretion, <br />provided Lessee submits a request in writing on or before the first day of the preceding month. <br />Any increase granted by Aurora pursuant to this Paragraph 2(b) with respect to a given month <br />shall be reflected as a corresponding increase in the annual amount available for the applicable <br />year. <br />Delivery Location. <br />(a) Delivery Points. Lessee agrees that Aurora shall initially make its delivery of the <br />Reclaimed Wastewater at the outfall of the Metro Wastewater Reclamation District's Robert W. <br />Hite treatment facility ("Hite"). Lessee further agrees that Aurora may, in its sole discretion, <br />satisfy its delivery obligations under this Agreement by delivering the Reclaimed Wastewater at <br />any other delivery point or delivery points on the South Platte River (each of Hite and such other <br />delivery points, hereinafter, a "Delivery Point" and collectively, the "Delivery Points"), provided <br />that such alternative Delivery Points are located within a reach of the South Platte River <br />beginning at or below Hite and continuing downstream to a point at or above the location on the <br />South Platte River that is approximately in the NE'/ SW'/ Section 26, Township 1 South, Range <br />67 West, 6`I' P.M., near Henderson, Colorado (such location, the "Point of Use"). Lessee <br />acknowledges and agrees that the alternate Delivery Points may include, but are not limited to, <br />the confluence of Sand Creek and the South Platte River. Aurora will bear the responsibility for <br />delivery of the Reclaimed Wastewater to these Delivery Points, and in its sole discretion may <br />009411 0310 11688512 6 <br />