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Best Copy Available <br />right to recapture reuse and dispose of such water to its extinction The District does not <br />warrant and shall not be responsible for the quality of the water or the adequacy of such quality <br />for any specific purpose <br />7 Location of Delivery of Water The District will deliver the leased water to the <br />Arkansas River basin at a location or locations to be determined by the District provided that the <br />District shall consult with Lessee and make reasonable attempts to deliver the leased water at a <br />location or locations sufficient to meet the requirements of Lessee s Replacement Plan <br />However the District does not warrant that the leased water can or will be delivered at a location <br />sufficient for Lessee s Replacement Plan If the leased water is from stored sources the District <br />may deliver it to the reservoir or at the outlet to the reservoir If the leased water is not from <br />storage the District may deliver it at the location where such water flows into the stream The <br />District shall not be responsible for any diversion measuring or storage of the leased water after <br />delivery of the water by the District <br />8 Rate of Delivery of Water The District shall deliver the leased water at times and <br />rates to be determined by the District Annually on or before November 1 t Lessee shall <br />provide the District with a proposed monthly delivery schedule for the following calendar year <br />or portion thereof The proposed delivery schedule shall include monthly totals in terms of <br />acre feet per month and maximum and minimum daily rates in terms of acre feet per day <br />Although the District shall make reasonable attempts to deliver the leased water at times and <br />rates specified in the proposed schedule the District does not warrant delivery of the leased <br />water at times and rates sufficient for Lessee s Replacement Plan <br />9 Determination of Water Availability by the District Board The District Board <br />allows surplus water to be leased to others on a temporary basis such as this lease until the same <br />is needed by participants in the District s augmentation substitute supply or replacement plans <br />The extent to which surplus water is needed by participants in the District s plans is a fact to be <br />determined by the District Board in the exercise of its reasonable discretion from time to time as <br />occasion may require <br />10 Interruption of Water Supply Beyond District Control Both parties to this Lease <br />recognize that the physical supply of the District s Consumable Water is variable in quantity for <br />reasons beyond the control of the District The District shall not be liable in tort or contract for <br />any failure to accurately anticipate availability of water supply or because of an actual failure to <br />supply water due to circumstances beyond the reasonable control of the District including but <br />not limited to act of God strike war insurrection or inability to serve arising out of the order of <br />any court or the lawful order of any governmental administrative body or agency clothed with <br />authority to regulate matters pertaining to water public utilities public health or pollution <br />control <br />11 Emergency Water Limitations The parties agree that from time to time <br />Long term Lease 2 8 2017 <br />Page 3 of 5