2016-02-17_HYDROLOGY - M1997058 (2)

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OCT 04 2011 'NATER RE`-C;:_�k STATE EN- + ro C� G 5. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred dollars($300.00)per acre-foot of Fully Reusable Water delivered under this Agreement as described above. The cost per acre foot will be adjusted annually in accordance with the Denver — Boulder—Greeley CPI (AII Urban Consumers). 6. Payment. On the first day of September in each year, Aurora shall bill Lessee for the As Available delivery amount, based on the number of acre-feet of requested by Lessee in the most recently submitted Delivery Schedule. All billing shall be done on such forms as designated by Aurora for that purpose. Payment by Lessee shall be due no later than forty-five (45)days after such bill has been issued. If Lessee does not make the required payment by the due date, Aurora may provide a notice of default. If Lessee does not cure the default by making full payment within thirty (30)days of receipt of any notice of default,then Aurora, in addition to pursuing any other remedies available to it, may withhold delivery of the Reclaimed Wastewater until Lessee makes payment for all past due administrative charges. 7. No Rights Conferred. Except as otherwise provided in this Agreement, the parties acknowledge that all Fully Reusable Water leased hereunder is intended for the present and future use of Aurora. It is further understood and agreed to by the parties that this Agreement shall confer no rights in such Fully Reusable Water upon Lessee, nor shall any future needs of Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Fully Reusable Water, other water or water rights. Lessee further acknowledges the statutory prohibition against vesting of a right for a continued lease expressed in CRS § 31-35-201 applies in these circumstances. &. Use of Leased Fully Reusable Water. Lessee shall have the right to use the Fully Reusable Water leased under this Agreement for augmentation purposes within Water Division 1, Water Commissioner District 2. 9. Effective Date. This Agreement shall be in full force and effect from the date of its execution, following approval by Aurora. 10. Aurora Rieht to Wihhold Delivery. The parties hereto acknowledge that hydrologic and other conditions may exist wherein Lessee may not need all or a portion of the Fully Reusable Water flow available to it under this Agreement. Aurora may contact Lessee,not more frequently than once per day,to determine if any of the Fully Reusable Water leased hereunder will not be needed, If Lessee will not need the Fully Reusable Water, Aurora,at its option, may choose not to deliver the water to the delivery points and/or may use the same for any purpose. If Aurora withholds delivery of water pursuant to this paragraph, Lessee shall be entitled to a credit or repayment in water or in money for the water withheld. 11. Entire Agreement of the Parties. This writing constitutes the entire Agreement between the parties and supersedes all prior written or oral agreements, negotiations, representations,and understandings of the parties with respect to the subject matter contained herein. BestWayLease