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AGREEMENT <br /> FOR LEASE OF FIRM DELIVERY OF RECLAIMED WASTEWATER <br /> THIS AGREEMENT ("Agreement") is entered into by and between the CITY OF AURORA, <br /> COLORADO, a Colorado municipal corporation of the counties of Adams, Arapahoe and <br /> Douglas, acting by and through its Utility Enterprise ("Aurora"),whose address is 15151 East <br /> Alameda Parkway, Suite 3600, Aurora, Colorado 80012, and 120 85,LLC, whose address is <br /> P.O. Box 44011,Denver, Colorado 80201 ("Lessee") (Aurora and Lessee collectively referred to <br /> herein as the "Parties"). <br /> WITNESSETH- <br /> WHEREAS, Aurora has the right to use, sell,or lease certain of its fully reusable <br /> municipal wastewater return flows to the South Platte River("Reclaimed Wastewatee'); and <br /> WHEREAS, such Reclaimed Wastewater is derived from trans-mountain or other <br /> reusable sources; and <br /> WHEREAS, Lessee has a use for a certain portion of this Reclaimed Wastewater; and <br /> WHEREAS, Aurora and Lessee desire to enter into this Agreement whereby Aurora shall <br /> lease a portion of such Reclaimed Wastewater to Lessee; and <br /> WHEREAS, this Agreement will be of mutual benefit and convenience to Aurora and <br /> Lessee; and <br /> WHEREAS, the Aurora Utility Enterprise staff has determined as a precondition to <br /> entering this Agreement that Aurora is able to fulfill all exchange and operational obligations <br /> that require Reclaimed Wastewater,that it is able to fulfill all existing long-term agreements that <br /> require Reclaimed Wastewater and that all other needs of Aurora that may be fulfilled by these <br /> sources are met; and <br /> NOW, THEREFORE,for and in consideration of the mutual promises and covenants <br /> contained herein, and other good and valuable consideration, the adequacy and sufficiency of <br /> which is hereby acknowledged,Aurora and Lessee hereby agree as follows: <br /> AGREEMENT <br /> 1. General Terms. The duration of this Agreement shall commence on the Effective Date <br /> as defined in Paragraph 21 below,and terminate on October 31,2018. The Agreement may be <br /> terminated earlier by written notice of either party to the other,effective upon the last day of the <br /> next calendar month, but in no case later than October 31,2018. The Agreement shall be made <br /> expressly subject to each of the terms and conditions set forth below. <br /> 2. Delivery Schedule, The monthly water delivery schedule set forth and attached hereto as <br /> Exhibit A and incorporated herein by this reference ("Delivery Schedule")identifies the initial <br /> projected maximum amounts of Reclaimed Wastewater that may be provided to Lessee by <br /> 1 <br /> 00941 1\03 1 0\I$11961.3 <br />