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Best COPY Available <br />16 Time of Essence Remedies Time is of the essence and if any obligation created <br />by this Lease is not performed by either party then the nondefaulting party shall have all <br />remedies available to it in law and equity <br />IT Assipnment This Lease may be assigned by Lessee only upon prior written <br />consent of the District and at the District s sole discretion <br />1 g Title To Water Rights This Lease does not give Lessee any legal or equitable title <br />in or to the leased water rights from which the water is derived or any water or water rights of the <br />District This Lease does not entitle Lessee to seek judicial approval of a permanent <br />commitment of or change in the water rights from which the District Consumable Water is <br />derived <br />19 Attorneys Fee In the event of litigation regarding this Lease the prevailing <br />party shall be awarded its costs including reasonable attorneys fees <br />20 Governing Law This Lease shall be governed by the laws of the State ofColorado <br />IN WITNESS WHEREOF the parties hereto have set their hands and seals on the dayandyearfirstabovewritten <br />UPPER ARKANSAS WATER CONSERVANCY DISTRICT by and through its <br />UPPER ARKANSAS WATER ACTIVITY ENTERPRISE <br />Robert M Senderhauf Chairman the Board of Directors <br />LESSEE SOUTH FORTY RECREATION LLC a Colorado limited liability company <br />Fry Steve Lindner ember <br />Long term Lease 2 E 2017 <br />Page 5 of 5