2016-02-01_HYDROLOGY - M1987049

• Permit No: M1987049
• IBM Index Class Name: Hydrology
• Doc Date: 2/1/2016
• Doc Name: Subsitiute Water Supply Plan
• From: DWR
• To: DRMS
• Email Name: TOD
• Media Type: D
• Archive: No

3.6 Regardless of whether the Parties comply with this Lease and Operating
Plan under either Paragraph 3.1 or 3.2, the City shall not assume any liability for the compliant
administration and/or implementation of the NTP Decree or the Bromley SWSP.
Notwithstanding the foregoing, the City agrees to exercise reasonable care in carrying out the
specific instructions and reasonable directions issued by RMCC consistent with Section 3 of this
Lease and Operating Plan, and in reporting to RMCC under Sections 3.1.1.4 and 3.1.2.3 above.
3.7 RMCC hereby,covenants to indemnify, defend, and hold the City and the
City's officers, employees, agents and contractors harmless from and against any and all
demands, claims, causes of action, liabilities, losses, damages or judgments asserted or brought
against the City arising out of or connected with any operation or activity specified in this Lease
and Operating Plan that is conducted or performed by RMCC or on behalf of RMCC by any of
its agents,employees or contractors.
3.8 To the maximum extent permitted by Colorado law, and subject to the
limitations and requirements of the Colorado Governmental Immunity Act and TABOR,the City
hereby covenants to indemnify, defend, and hold the Company and the Company's officers,
directors, shareholders, partners, members, employees, agents, parent, subsidiary and affiliated
entities, successors and assigns, its servants, employees, and contractors harmless from and
against any and all demands, claims, causes of action, liabilities, losses, damages or judgments
asserted or brought against the Company arising out of or connected with any activity conducted
or performed by the City or its officers, agents, employees or contractors in regard to Section 3
of this Lease and Operating Plan.
3.9 As provided in Paragraphs 6 and 7 of the PSA, RMCC has granted to the City
the rights of first refusal to purchase RMCC's 70 Fulton Ditch shares and RMCC's Fulton lateral.
RMCC herein ratifies and confirms the rights of first refusal granted in and governed by Paragraphs
6 and 7 of the PSA.
4. Miscellaneous.
4.1 Notices. Any notice required or desired to be given hereunder shall be
effective if made in writing and delivered in person or by recognized overnight courier, sent by
facsimile transmission, or sent by certified or registered U.S. mail, return receipt requested, to
the following addresses:
If to Company: If to the City:
Ready Mixed Concrete Company The City of Brighton
4395 Washington Boulevard Utilities Department
Denver,Colorado 80216 500 South 0 Ave.
Attn: Bill Timmons Brighton,CO 80601
Fax: [phone] Attn: Department Director
Fax: [phone]
With Copy to (which shall not constitute With Copy to(which shall not constitute
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