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7. Tnnsportation and Evaligmtion Losses, in the event the Board releases water from storage <br /> to fulfill its requirements under this Agreement, the water delivered hereunder shall be <br /> measured at the outlet of the reservoir from which released. Lessee shall bear all <br /> transportation and evaporation losses from the place of release to Lessee's place of use. <br /> S. Reuse Rigl,sts, Once delivered to Lessee,all rights to fully consume the water subject to this <br /> Agreement shall belong to Lessee and the Board shall have no reuse rights on the leased <br /> water. <br /> 9. oyantit.. The Board will deliver to Lessee 50 acre-feet of water each contract year during <br /> the term of this Agreement with the first contract year commencing April 1, 2011. Fifty <br /> acre-feet shalt be both the minimum and maximum quantity of water to be paid for and <br /> delivered under this Agreement for each of the contract years. <br /> 10.Charge, In consideration of the water to be delivered under this Agreem nt,Lessee agrees to <br /> pay the Board an annual fee at the rates then in effect for the amount of water delivered to <br /> Lessee during the term of this Agreement. Lessee agrees to pay the Board a fee of$196.54 <br /> per acre-foot of water so leased, plus any rate Increase as moro pa cularly set forth in <br /> paragraph 12 below. The parties agree that the water leased hereunder I on a"take or pay" <br /> basis. Accordingly, Lessee shall pay the annual charge for water, whether or not said <br /> quantities of water are actually taken by Lessee or are required for use b Lessee. Likewise, <br /> the Board agrees to make the water available for delivery each year thmughout the term of <br /> this Agreement. <br /> 1 i.Payments. The charge for water shall be paid annually in advance. in addition, Lessee will <br /> pay to the Board upon execution of this Agreement a non-reimbursable fee of $250 in <br /> consideration of legal and administrative costs incurred by the Board for this Agreement. <br /> Page 3 of 9 <br />