Laserfiche WebLink
(b) The "2017 Lease Year" includes any water to be delivered during the 2017 water year <br />(November 1, 2016 — October 31, 2017), as set forth in the Delivery Schedule or Modified <br />Schedule, if applicable. Aurora will bill Lessee on November 2, 2016, for the 2017 Lease Year. <br />Payment with respect to any increases in the monthly delivery amounts made during the last year <br />of this Agreement shall be due upon invoice by Aurora. All billing shall be done on such forms <br />as designated by Aurora for that purpose. Payment by Lessee shall be due no later than 45 days <br />after such bill has been issued. If Lessee does not make the required payment by the due date, <br />Aurora may give Lessee a notice of default. If Lessee does not cure the default by making full <br />payment within 30 days of receipt of any notice of default, then Aurora, in addition to pursuing <br />any other remedies available to it, may declare this Agreement terminated. Any delay in Aurora's <br />invoicing for payments under this Agreement shall not constitute a breach of Aurora's obligations <br />and shall not relieve Lessee of its obligations to pay all consideration due hereunder. If Aurora <br />fails to deliver the entirety of the Reclaimed Wastewater it is otherwise required to deliver under <br />this Agreement during any calendar year, Lessee shall be entitled to a credit equal to the Unit Rate <br />multiplied by the volume of such undelivered Reclaimed Wastewater against the payment due with <br />respect to the next calendar year except with respect to any such shortfall occurring over the last <br />year of this Agreement in which case Aurora shall reimburse Lessee such amount promptly <br />following notice from Lessee. <br />10. Non -Assignability and No Subleases. Neither Aurora nor Lessee may assign its rights or <br />delegate its duties hereunder without the prior written consent of the other Party. Lessee may not <br />sublease the Reclaimed Wastewater to which it is entitled pursuant to this Agreement without the <br />permission of Aurora, which permission Aurora may grant or withhold at its discretion. <br />11. Successors and Assigns. This Agreement and the rights and obligations created hereby shall <br />be binding upon and inure to the benefit of the Parties hereto and their respective successors and <br />assigns, if any are allowed. The Parties intend that each Party shall not incur any liability other <br />than those liabilities directly running to such Party or its assigns permitted under this Agreement <br />if any. Each Party therefore covenants and agrees, to the extent permitted by law, to indemnify, <br />save and hold harmless the other Party from all liability, cost or expense of any kind, including <br />such indemnified Party's costs of defense to any other party arising in connection with or relating <br />in any way to the execution, delivery or performance of any allowed assignment or any related <br />document by the parties thereto or to the consummation of any transaction in connection with such <br />documents. <br />12. No Rights Conferred. Except as otherwise provided in this Agreement, the Parties <br />acknowledge that all Reclaimed Wastewater leased hereunder is intended for the present and future <br />use of Aurora. It is further understood and agreed to by the Parties that this Agreement shall confer <br />no rights in such Reclaimed Wastewater upon Lessee, nor shall any future needs of Lessee for <br />water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed Wastewater, <br />other water or water rights. Lessee further acknowledges the statutory prohibition against vesting <br />of a right for a continued lease expressed in CRS § 31-35-201 applies in these circumstances. <br />13. No Opposition to Aurora Water Court Matters. From the date of execution of this <br />Agreement through the conclusion hereof, Lessee agrees that neither it nor any successors, if any <br />009411\0310\11688512 6 5 <br />