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Wastewater. In addition to the report requirements set forth in Section 3(b) above, Aurora will <br /> provide any and all reporting and accounting required by the Colorado State Engineer, the <br /> Division I Engineer,or any other lawful authority concerning proof of the reusability of the <br /> Reclaimed Wastewater and conveyance of the Reclaimed Wastewater to the Delivery Point(s). <br /> 7. Subordination Clause. This Agreement shall be made expressly subordinate to any <br /> present or future city use of effluent for purposes of augmentation, exchange, or any other use <br /> which is or will be of greater direct benefit to Aurora and the users of its water delivery system, <br /> as well as to the water supply obligations which Aurora has incurred or will incur through any of <br /> the following: (a) the March 2, 1981, Water Agreement with the City of Arvada, Colorado and <br /> any renewals thereof; (b) the October 25, 1993,Effluent Agreement with the State of Colorado, <br /> Division of Parks and Outdoor Recreation and any renewals thereof; (c) its obligation pursuant to <br /> the Substitute Water Supply Plan for Upper Cherry Creek Management Association approved <br /> March 19, 1998, and any renewals thereof; (d)its obligations pursuant to Water Division 1, Case <br /> Nos. 95CW226 & 227, Case No. 99CW 158, Case No. 0 1 CW284 and Case No. 02CW34 1; (e) <br /> the April 23, 2001,Agreement for Agreement of Reclaimed Wastewater with Calpine <br /> Corporation; (f) the May 20, 2003,Water Rights Purchase and Sale Agreement with the City of <br /> Thornton,Colorado-, (g) the May 19, 2006, Reusable Water Agreement with the Central <br /> Colorado Water Conservancy District, and(h) any and all obligations resulting from any firm <br /> delivery annual lease or delivery contract of Reclaimed Wastewater executed prior to the date of <br /> this Agreement. The foregoing subordination does not,in and of itself,create an excuse for <br /> Aurora's failure to deliver the Reclaimed Wastewater under this Agreement. However, Aurora <br /> and Lessee agree that the purpose and effect of the foregoing subordination is to establish a <br /> priority among and between Aurora's obligations under this Agreement and Aurora's other <br /> obligations with respect to its Reclaimed Wastewater in the event of aforce majeure event or <br /> other delay or interruption in Aurora's delivery of the Reclaimed Wastewater. <br /> 8. Consideration, Lessee agrees to pay to Aurora the amount of Three Hundred dollars <br /> ($300.00) per acre-foot ("Unit Rate") of Reclaimed Wastewater delivered tinder this Agreement. <br /> The Unit Rate shall remain constant throughout the term of this Agreement. <br /> 9. Payment. Aurora will bill Lessee in arrears on a quarterly basis for all Reclaimed <br /> Wastewater requested by Lessee and delivered by Aurora during each November 1 —October 31 <br /> period ("Water Year"). Aurora's first invoice shall cover the first two (2) quarters of the Water <br /> Year(November through April) and shall be issued within 30 days of the Effective Date, <br /> Thereafter, Aurora shall issue subsequent invoices within 30 days following the end of the <br /> quarter. Any delay in Aurora's invoicing for payments under this Agreement shall not constitute <br /> a breach of Aurora's obligations and shall not relieve Lessee of its obligations to pay all <br /> consideration due hereunder. All billing shall be issued on such forms designated by Aurora for <br /> that purpose. Payment by Lessee shall be due no later than 45 days after such bill has been <br /> issued. If Lessee does not make the required payment by the due date, Aurora may give Lessee a <br /> notice of default. If Lessee does not cure the default by making full payment within 30 days of <br /> receipt of any notice of default, then Aurora, in addition to pursuing any other remedies available <br /> to it, may declare this Agreement terminated. <br /> 10. Non-Assianability and No Subleases. Neither Aurora nor Lessee may assign its rights <br /> or delegate its duties hereunder without the prior written consent of the other Party. Lessee may <br /> 4 <br /> 009411\03 1 0\18 1 1961.3 <br />