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OCT 0 4 2011 <br /> VVAtER RLSOUhGF: <br /> STATE ENGINEFr- <br /> days of the conclusion of the force majeure event or the cancellation of the Agreement pursuant <br /> to the remaining provisions of this Paragraph. In no event will any delay or failure of <br /> performance caused by any conditions or events of force majeure extend this Agreement beyond <br /> its stated term. In the event any delay or failure of performance on the part of the party claiming <br /> force majeure continues for an uninterrupted period of more than one hundred twenty(120)days <br /> from its occurrence or inception as noticed pursuant to this Paragraph,the party not claiming <br /> force majeure may, at any time following the end of such one hundred twenty (120) day period, <br /> terminate this Agreement upon written notice to the party claming force majeure,without further <br /> obligation except as to costs and balances incurred prior to the effective date of such termination. <br /> 16. Intent of Agreement. This Agreement is intended to describe the rights and <br /> responsibilities of and between the named parties and is not intended to,and shall not be deemed <br /> to confer rights upon any persons or entities not named as parties, nor to limit in any way the <br /> powers and responsibilities of Aurora, Lessee, or any other entity not a party hereto. <br /> 17. Effect of Invalidity. If any portion of this Agreement is held invalid or <br /> unenforceable for any reason by a court of competent jurisdiction as to either party or as to both <br /> parties, the entire Agreement will terminate. <br /> 18. Non-Assignability and No Subleases. The Fully Reusable Water that is the <br /> subject of this lease will be used by Bestway Concrete Company, Hall-Irwin Corporation or its <br /> affiliates. Regardless of which entity uses the water, Bestway Concrete will remain liable for <br /> lease payments. Neither Aurora nor Lessee may otherwise assign its rights or delegate its duties <br /> hereunder without the prior written consent of the other party. Lessee may not sublease the Fully <br /> Reusable Water to which it is entitled pursuant to this Agreement without the permission of <br /> Aurora, which permission Aurora may grant or withhold at its discretion. <br /> 19. Successors and Assigns. This Agreement and the rights and obligations created <br /> hereby shall be binding upon and inure to the benefit of the parties hereto and their respective <br /> successors and assigns if any are allowed. The parties intend that Aurora shall not incur any <br /> liability other than those liabilities directly running to Aurora or assigns permitted under this <br /> Agreement if any. Lessee therefore covenants and agrees to indemnify, save and hold harmless <br /> the City from all liability, cost or expense of any kind, including Aurora's costs of defense, to <br /> any other party, arising in connection with or relating in any way to the execution,delivery or <br /> performance of any allowed assignment or any related document by the parties thereto or to the <br /> consummation of any transaction in connection with such documents. <br /> 20. Waiver of Breach, Waiver of breach of any of the provisions of this Agreement <br /> by either party shall not constitute a continuing waiver of any subsequent breach by said party of <br /> either the same or any other provision of this Agreement. <br /> 21. Multiple Originals. This Agreement may be simultaneously executed in any <br /> number of counterparts,each one of which shall be deemed an original,but all of which <br /> constitute one and the same Agreement. <br /> 5 BestwayLease <br />