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event that the Board is unable to make the deliveries of water to Lessee specified in this <br /> Agreement, then Lessee's payment for water shall be reduced or refunded in proportion to <br /> any reduction of deliveries by the Board. <br /> 17.Not a Permanent Supply. The Parties understand and agree that this Agreement is not to be <br /> interpreted as any commitment on the part of the Board to furnish water to Lessee on a <br /> permanent basis, but rather to assist Lessee in supplementing Lessee's own water supplies by <br /> the leased water from the Board for a temporary period of 5 years. <br /> 18.Sales Tax or Other Taxes. In the event any sales tax or other tax is levied on the sale or lease <br /> of water under this Agreement, Lessee agrees to pay said tax. Lessee may, however,contest <br /> the imposition of any such tax at its own expense,and the requirement of payment under this <br /> Agreement shall be without prejudice to Lessee's right to contest any attempted imposition <br /> of tax. <br /> 19.Assionability,, This Agreement may be assigned by Lessee or Lessee may sublease water <br /> obtained from the Board under this Agreement subject to prior written approval of said <br /> assignment or sublease by the Board,which approval shall not be urueasonably withheld. <br /> 20. Substitute Supply Plans and Augmentation Plans The parties both recognize that Lessee will <br /> use the water to be delivered under this Agreement for replacement of depletions in a <br /> substitute supply plan and/or augmentation plan. The Board agrees that the water to be <br /> delivered under this Agreement may be used in substitute supply plaits and augmentation <br /> plans, and that it will cooperate with Lessee to provide information regarding its water rights <br /> which may be needed to obtain approval of Lessee's substitute supply plans and/or <br /> augmentation plans. However,all costs of any such plans shall be borne by Lessee. <br /> Page 6 of 9 <br />