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32. Third Party Beneficiaries.Enforcement of this Agreement and all rights and obligations <br /> hereunder are reserved solely to the parties, and not to any third party. Any services or benefits <br /> that third parties receive as a result of this Agreement are incidental to the Agreement,and do not <br /> create any rights for such third parties. <br /> 33. Governmental Immunity.No term or condition of this Agreement is to be construed or <br /> interpreted as a waiver, express or implied, by Pueblo Water of any of the immunities, rights, <br /> benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. <br /> §24-10-101 et seq.,as applicable now or hereafter amended. <br /> 34. Early Termination.This Agreement may be terminated by mutual written consent of the <br /> parties; or prior to the end of each of the five Contract Years Lessee may, as provided in this <br /> provision, terminate this Agreement if Lessee diligently pursues and is unable to obtain a state <br /> of Colorado approved substitute water supply plan allowing for the short-term use of the water <br /> leased hereunder to augment the Lessee's well(s), or if the Lessee diligently pursues and is <br /> unable to obtain a Colorado judicial decree allowing for the long-term use of the water leased <br /> hereunder to augment the Lessee's operations. Lessee must provide Pueblo Water notice of <br /> termination pursuant to this provision at least 60 days prior to the end of a Contract Year during <br /> any of the five Contract Years in order to terminate this Agreement at the end of the Contract <br /> Year during which notice of termination is provided by Lessee. Notice of termination provided <br /> by Lessee must contain documentation indicating that in accordance with the terms of this <br /> provision Lessee diligently pursued and was denied a Colorado substitute water supply plan or a <br /> Colorado judicial decree. In the event of termination under this provision no refunds of previous <br /> payments will be made and, except for obligations arising or existing prior to the date of <br /> termination or those that survive this Agreement according to its terms or by law, neither party <br /> will have any further obligations under this Agreement. <br /> IN WITNESS WHEREOF, Pueblo Water and Lessee have caused these presents to be <br /> executed in their respective behalf by their proper officers. <br /> BOARD OF WATER WORKS OF PUEBLO, MARTIN IETTA MATERIALS, INC. <br /> COLORADO <br /> By: By: <br /> Terry R. xecutive Director Patrick H. Walker, President <br /> Page 7 of 7 <br />