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5. Default: In the event of a default hereunder by either party, the non-defaulting <br /> party shall give written notice to the defaulting party specifying the terms of the <br /> particular default and the defaulting party shall have thirty (30) days after receipt of such <br /> notice either to cure or undertake and proceed diligently to cure, such default. In the <br /> event the defaulting party shall cure the default in a timely manner, this lease shalt <br /> continue in full force and effect as though no default had occurred. In the event any <br /> default is not cured in a timely manner the non-defaulting party may elect its remedies <br /> as follows: <br /> A. Suit for damages. <br /> B. Termination of this agreement at the election of the non-defaulting party. <br /> 6. Termination: This Lease shall automatically terminate at the end of the term. <br /> This Lease shall also terminate upon the election of either party to terminate same after <br /> an uncured default by the other party has occurred. Such termination shall not relieve <br /> the defaulting party from any damages it may be ultimately obligated to pay to the non- <br /> defaulting party. <br /> 7. Indemnifications: AGUA shall have no responsibility or liability whatsoever for any <br /> claim, demand, action or liability whatsoever asserted or arising as a result of the use of <br /> the leased water rights by MARTIN MARIETIA, and MARTIN MARIETIA shall <br /> indemnify and hold harmless AGUA from any cairn, demand, action or liability <br /> whatsoever asserted or arising as a result of the use of the leased water rights by <br /> MARTIN MARIETTA. In addition, MARTIN MARIETTA agrees to pay, and to indemnify <br /> AGUA against, all costs and expenses (including, but not limited to, AGUA's reasonable <br /> attorney tees) incurred by or imposed upon AGUA, by or in connection with any <br /> litigation to which AGUA becomes a party as a result of the use of the leased water <br /> rights by MARTIN MARIETIA, or that may be incurred by AGUA in enforcing any of the <br /> covenants and agreements of this Lease (with or without the institution of any action or <br /> proceeding relating to the Leased Water Rights or in obtaining possession after an <br /> Event of Default or upon expiration or termination of this Lease Agreement). AGUA <br /> agrees to pay, and to indemnify MARTIN MARIETIA against all costs and expenses <br /> (including, but not limited to, MARTIN MARIETIA's reasonable attorney fees) incurred <br /> by MARTIN MARIETIA upon default by AGUA in enforcing any of the covenants and <br /> agreements of this Lease. <br /> 8. Drought Clause: AGUA's water supply partially relies on leases with other water <br /> providers. Some of those agreements reserve the right to temporarily suspend the lease <br /> based on emergency need of water for municipal use. AGUA reserves the right to delay <br /> or halt deliveries to Martin Marietta as part of this agreement if AGUA's suppliers <br /> suspend delivery of water to AGUA. <br /> 2 <br />