Laserfiche WebLink
4 Use of subiect water rights The water delivered to ALL RITE PAVING may be <br />used for all lawful purposes <br />5 If ALL RITE PAVING 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 />B Indemnifications AGUA shall have no responsibility or iability 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 ALL RITE PAVING and ALL RITE PAVING shall <br />indemnify and hold harmless AGUA from any claim demand action or liability <br />whatsoever asserted or arising as a result of the use of the leased water rights by ALL <br />RITE PAVING In addition ALL RITE PAVING agrees to pay and to indemnify AGUA <br />against all costs and expenses including but not limited to AGUA s reasonable <br />attorney fees incurred by or imposed upon AGUA by or in connection with any <br />litigation to which AGUA becomes a party as a result of the use of the leased water <br />rights by ALL RITE PAVING or that may be incurred by AGUA in enforcing any of the <br />covenants and agreements of this Lease with or without the institution of any action or <br />proceeding relating to the Leased Water Rights or in obtaining possession after an <br />Event of Default or upon expiration or termination of this Lease Agreement AGUA <br />agrees to pay and to indemnify ALL RITE PAVING against all costs and expenses