2017-06-28_HYDROLOGY - M1983176 - Laserfiche WebLink

Home Browse Search

Best Copy Available 7. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred Dollars ($300.00) per acre-foot ("Unit Rate") of Reclaimed Wastewater delivered under this Agreement. The Unit Rate shall remain constant throughout the term of this Agreement. 8. Payment. On January 2, 2016, and on each succeeding January 2 until 2021, Aurora shall bill Lessee for all effluent it will deliver to Lessee during that calendar year ("Lease Year") of the Agreement as set forth in the Delivery Schedule. All billing shall be done on such forms as designated by Aurora for that purpose. Payment by Lessee shall be due no later than forty-five (45) days after such bill has been issued. If Lessee does not make the required payment by the due date, Aurora may give Lessee a notice of default. If Lessee does not cure the default by making full payment within thirty (30) days of receipt of any notice of default, then Aurora, in addition to pursuing any other remedies available to it, may declare this Agreement terminated. 4. Non-Assipnability and No Subleases. Neither Aurora nor Lessee may assign its rights or delegate its duties hereunder without the prior written consent of the other Party. Lessee may not sublease the Reclaimed Wastewater to which it is entitled pursuant to this Agreement without the permission of Aurora, which permission Aurora may grant or withhold at its discretion. 10. Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns if any are allowed. The Parties intend that Aurora shall not incur any liability other than those liabilities directly running to Aurora or assigns permitted under this Agreement if any. Lessee therefore covenants and agrees to indemnify, save and hold harmless Aurora from all liability, cost or expense of any kind, including Aurora's costs of defense, to any other party, arising in connection with or relating in any way to the execution, delivery or performance of any allowed assignment or any related document by the Parties thereto or to the consummation of any transaction in connection with such documents. 11. No Rights Conferred. Except as otherwise provided in this Agreement, the Parties acknowledge that all Reclaimed Wastewater leased hereunder is intended for the present and future use of Aurora. It is further understood and agreed to by the Parties that this Agreement shall confer no rights in such Reclaimed Wastewater upon Lessee, nor shall any future needs of Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed Wastewater, other water or water rights. Lessee further acknowledges the statutory prohibition against vesting of a right for a continued lease expressed in CRS § 31-35-201 applies in these circumstances. 12. FaiIure to Perform Due to Force Majeure. Subject to the terms and conditions in this Paragraph, no Party to this Agreement shall be liable for any delay or failure to perform under this Agreement due solely to conditions or events of force majeure, as that term is specifically defined herein; provided that: (a) the non-performing Party gives the other Party prompt written notice describing the particulars of the occurrence of the force majeure; (b) the suspension of performance is of no greater scope and of no longer duration than is required by the force inet euro event or condition; and (c) the non-performing Party proceeds with reasonable diligence to remedy its inability to perform and provides weekly progress reports to the other Party describing the actions taken to remedy the consequences of the force majeure event or condition. As used herein force Majeure shall mean any delay or failure of a Party to perform its obligations under this Agreement caused by events beyond the Party's reasonable control, and without the fault or negligence of the a]