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AGREEMENT <br />1. Term of Lease. <br />(a) The teiin of this Agreement shall commence on the Effective Date and continue until <br />the last date for delivery of water as provided for on the water delivery schedule attached hereto <br />as Exhibit A ("Delivery Schedule") such date being October 31, 2017, unless this Agreement is <br />terminated effective October 31, 2016, pursuant to subparagraph (b) below. <br />(b) Either Party, at its sole discretion, may terminate this Agreement after the 2016 Lease <br />Year (as defined in paragraph 9, below), effective on October 31, 2016, without further obligation <br />except as to costs and balances incurred prior to the effective date of such termination. Said <br />termination will only be effective if the Party seeking termination gives written notice of said intent <br />to terminate that is received by the other Party no later than October 1, 2016. The Party receiving <br />the notice of termination shall immediately acknowledge receipt of the notice. If said termination <br />procedures are not strictly followed by either Party, this Agreement will continue in full force and <br />effect to October 31, 2017. This Agreement, whether terminating in October 2016 or October <br />2017, shall be made expressly subject to each of the terms and conditions set forth in this <br />Agreement. <br />2. Delivery Schedule. Delivery of the Reclaimed Wastewater will be made in accordance with <br />the Delivery Schedule. No later than October 1, 2016, Lessee may submit to Aurora a proposed <br />modified Delivery Schedule ("Modified Schedule"), setting forth revised monthly delivery totals <br />for the 2017 Lease Year, as defined in Paragraph 9 below. Any proposed Modified Schedule shall <br />be effective only upon Aurora's written consent, and upon Aurora's acceptance of any Modified <br />Schedule, such Modified Schedule shall be the Delivery Schedule for the 2017 Lease Year. In no <br />event shall the total amount of Reclaimed Wastewater delivered exceed the maximum amounts set <br />forth in the Delivery Schedule or Modified Schedule. As long as Aurora is capable of delivering <br />the Reclaimed Wastewater to the Delivery Points (defined in paragraph 3, below) according to the <br />Delivery Schedule or Modified Schedule, Lessee will be obligated to pay the per -acre foot charge <br />set forth in Paragraph 8 herein below regardless of whether or not Lessee requests or uses the <br />Reclaimed Wastewater. <br />3. 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 beginning <br />at or below Hite and continuing downstream to a point at or above the location on the South Platte <br />River where Henderson Road crosses the South Platte River, near Henderson, Colorado (such <br />location, the "Point of Use"). Lessee acknowledges and agrees that the alternate Delivery Points <br />may include, but are not limited to, the confluence of Sand Creek and the South Platte River. <br />009411\03I0\11688512.6 <br />9 <br />