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4. Use of subject water rights: The water delivered to FREMONT may be used for <br /> all lawful purposes. <br /> 5. If FREMONT, its agents, or employees responsible for discharging the <br /> obligations under this lease have not properly satisfied such obligations, AGUA may <br /> declare an event of default and choose among the remedies set forth in Paragraph 6 <br /> below. <br /> 6. 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 shall <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 /> 7. 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 /> 8. Indemnifications: AGUA shall have no responsibility or liability whatsoever for <br /> any claim, demand, action or liability whatsoever asserted or arising as a result of the <br /> use of the leased water rights by FREMONT, and FREMONT shall indemnify and hold <br /> harmless AGUA from any claim, demand, action or liability whatsoever asserted or <br /> arising as a result of the use of the leased water rights by FREMONT. In addition, <br /> FREMONT agrees to pay, and to indemnify AGUA against, all costs and expenses <br /> (including, but not limited to, AGUA's reasonable attorney fees) incurred by or imposed <br /> upon AGUA, by or in connection with any litigation to which AGUA becomes a party as <br /> a result of the use of the leased water rights by FREMONT, or that may be incurred by <br /> AGUA in enforcing any of the covenants and agreements of this Lease (with or without <br /> the institution of any action or proceeding relating to the Leased Water Rights or in <br /> obtaining possession after an Event of Default or upon expiration or termination of this <br /> Lease Agreement). AGUA agrees to pay, and to indemnify FREMONT against all costs <br /> and expenses (including, but not limited to, FREMONT's reasonable attorney fees) <br /> incurred by FREMONT upon default by AGUA in enforcing any of the covenants and <br /> agreements of this Lease. <br /> 2 <br />