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not sublease the Reclaimed Wastewater to which it is entitled pursuant to this Agreement without <br /> the permission of Aurora, which permission Aurora may grant or withhold at its discretion. <br /> 11. Successors and Asslns. This Agreement and the rights and obligations created hereby <br /> shall be binding upon and inure to the benefit of the Parties hereto and their respective successors <br /> and assigns, if any are allowed. The Parties intend that Aurora shall not incur any liability other <br /> than those liabilities directly running to Aurora or assigns permitted under this Agreement if any. <br /> Lessee therefore covenants and agrees to indemnify, save and hold harmless Aurora from all <br /> liability,cost or expense of any kind, including Aurora's costs of defense to any other party <br /> arising in connection with or relating in any way to the execution, delivery or performance of <br /> any allowed assignment or any related document by the parties thereto or to the consummation <br /> of any transaction in connection with such documents. <br /> 12. No Rishts Conferred. Except as otherwise provided in this Agreement,the Parties <br /> acknowledge that all Reclaimed Wastewater leased hereunder is intended for the present and <br /> future use of Aurora. It is further understood and agreed to by the Parties that this Agreement <br /> shall confer no rights in such Reclaimed Wastewater upon Lessee, nor shall any future needs of <br /> Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed <br /> Wastewater, other water or water rights. Lessee further acknowledges the statutory prohibition <br /> against vesting of a right for a continued lease expressed in CRS § 31-35-201 applies in these <br /> 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 /> are allowed, will oppose Aurora in any Colorado Water Court applications filed by Aurora. <br /> 14. Aurora Rieht to Reauest Reuse. The Parties hereto acknowledge that hydrologic and <br /> other conditions may exist wherein Lessee may not need all or a portion of the Reclaimed <br /> Wastewater flow available to it under this Agreement. Aurora may contact Lessee,not more <br /> frequently than once per day, to determine if any of the Reclaimed Wastewater leased hereunder <br /> will not be needed. <br /> 15. Entire Agreement of the Parties. This Agreement represents the entire agreement of <br /> the Parties and neither Party has relied upon any fact or representation not expressly set forth <br /> herein. All prior and contemporaneous conversations,negotiations,possible alleged agreements, <br /> representations, covenants and warranties concerning the subject matter hereof, are merged in <br /> this Agreement. <br /> 16. Amendment. This Agreement may be amended, modified,changed, or terminated in <br /> whole or in part only by written agreement duly authorized and executed by the Parties hereto. <br /> 17. Enforcement. The Parties agree that this Agreement may be enforced in,law or in equity <br /> for specific performance, injunctive,or other appropriate relief,including damages, as may be <br /> available according to the laws of the State of Colorado. It is specifically understood that,by <br /> executing this Agreement,each Party commits itself to perform pursuant to the terms hereof, and <br /> that any breach hereof resulting in any recoverable damages shall not thereby cause the <br /> 5 <br /> 009411 t0310\1811961.3 <br />