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after such bill has been issued. If Ready Mixed does not make the required payment by the due <br /> date, Aurora may give Ready Mixed a notice of default. If Ready Mixed does not cure the default <br /> by making full payment within thirty(30) days of receipt of any notice of default, then Aurora, in <br /> addition to pursuing any other remedies available to it, may declare this Agreement terminated. <br /> Any delay in Aurora's invoicing for payments under this Agreement shall not constitute a breach <br /> of Aurora's obligations and shall not relieve Ready Mixed of its obligations to pay all consideration <br /> due hereunder. <br /> 10. Non-Assignability and No Subleases. Neither Party may assign its rights or delegate its <br /> duties hereunder without the prior written consent of the other Party. Ready Mixed may not <br /> sublease or give others the right to use the Reusable Raw Water to which it is entitled pursuant to <br /> this Agreement without the permission of Aurora,which permission Aurora may grant or withhold <br /> at its discretion. <br /> 1 l. Successors and Assigns. This Agreement and the rights and obligations created hereby shall <br /> be binding upon and inure to the benefit of the Parties, respective successors and assigns, if any <br /> are allowed. The Parties intend that each Party shall not incur any liability other than those <br /> liabilities directly running to such Party or its assigns permitted under this Agreement if any. Each <br /> Party therefore covenants and agrees, to the extent permitted by law, to indemnify, save and hold <br /> harmless the other Party from all liability,cost orexpense of any kind,including such indemnified <br /> Party's costs of defense to any other party arising in connection with or relating in any way to the <br /> execution, delivery or performance of any allowed assignment or any related document by the <br /> parties thereto or to the consummation of any transaction in connection with such documents. <br /> 12. No Rights Conferred. Except as otherwise provided in this Agreement, the Parties <br /> acknowledge that all Reusable Raw Water provided 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 shall <br /> confer no rights in such Reusable Raw Water upon Ready Mixed, nor shall any future needs of <br /> Ready Mixed for water enable Ready Mixed to make claim against Aurora for any of Aurora's <br /> Reusable Raw Water,other water or water rights. Ready Mixed further acknowledges the statutory <br /> prohibition against vesting of a right for a continued lease expressed in CRS § 31-35-201 applies <br /> in these circumstances. <br /> 13. No Opposition to Aurora 'Water Court Matters. From the date of execution of this <br /> Agreement and for the Term, Ready Mixed agrees that neither it nor any of its successors, if any <br /> are allowed, will oppose Aurora in any Colorado Water Court applications filed by Aurora except <br /> to assert injury to a vested or conditional water right. <br /> 14. Aurora Riaht to Request Reuse. The Parties hereto acknowledge that hydrologic and other <br /> conditions may exist wherein Ready Mixed may not need all or a portion of the Reusable Raw <br /> Water flow available to it under this Agreement. Aurora may contact Ready Mixed, not more <br /> frequently than once per day, to determine if any of the Reusable Raw Water to be provided <br /> hereunder will not be needed. <br /> 15. Entire Agreement of the Parties. This Agreement represents the entire agreement of the <br /> Parties,and neither Party has relied upon any fact or representation not expressly set forth herein. <br /> 5 <br />