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2018-08-30_HYDROLOGY - M2017032 (2)
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2018-08-30_HYDROLOGY - M2017032 (2)
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Last modified
9/7/2018 4:20:30 PM
Creation date
9/6/2018 4:47:48 PM
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Template:
DRMS Permit Index
Permit No
M2017032
IBM Index Class Name
Hydrology
Doc Date
8/30/2018
Doc Name
Substitute Water Supply Plan
From
DWR
To
DRMS
Email Name
AME
Media Type
D
Archive
No
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(f) No Recording. Both Parties expressly agree that neither Party will record this <br />Agreement. Both Parties expressly agree that this Agreement may be referenced, included, or <br />otherwise incorporated in any application for permission or approval or grant of permission or <br />approval that is required by or appropriate pursuant to Paragraph 4 of this Agreement. <br />(g) Execution of Additional Documents. The Parties agree to execute any further <br />documents reasonably necessary to complete the transactions provided for or contemplated by this <br />Agreement. <br />(h) Remedies. If either Party is in default the non -defaulting Party may elect to treat this <br />Agreement as terminated. Aurora may pursue any rights or remedies which Aurora may have <br />reason of default or breach. <br />(i) No Costs and Fees. In the event of litigation or other dispute resolution process arising <br />out of this Agreement between them the Parties agree that each shall pay their owns costs and <br />expenses including attorney's fees. <br />0) Paragraph Headings. The paragraph headings inserted here are for convenience and <br />not intended to govern, limit or in any way aid in interpretation of this Agreement. <br />(k) Integrated Agreement and Invalidity. This Agreement consists of the terms and <br />conditions stated herein. No other documents related to this Agreement or generated as a result of <br />this Agreement shall form a part of this Agreement unless it is expressly referenced and <br />incorporated herein. This Agreement is intended as a complete integration of all understandings <br />between the Parties, their successors and assigns concerning the substance hereof. No prior or <br />contemporaneous addition, deletion or other amendment hereto shall have any force or affect <br />whatsoever, unless embodied herein in writing. If any portion of this Agreement is held invalid <br />or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both <br />Parties, the entire Agreement will terminate. <br />(1)_ No Party Shall Not Depend on Continued Supply from the Other Part. Each Party <br />acknowledges that it has the sole responsibility to supply water for its future needs. Each Party <br />further acknowledges it has the sole responsibility to replace the water supplied by the other Party <br />hereunder when this Agreement expires or when the other Party either curtails deliveries/transfer <br />or declines to renew the provisions hereof. Each Party certifies that it will take all reasonable steps <br />necessary to obtain water after the other Party ceases to supply water hereunder. Each Party further <br />agrees and covenants that it will not claim in any way that the other Party has any duty or <br />requirement to supply water to it after the other Party ceases to supply water hereunder. Each <br />Party further acknowledges the statutory prohibition against vesting of a right for a continued lease <br />expressed in CRS § 31-35-201 applies in these circumstances. The acknowledgments, <br />certifications, agreements, and covenants by each Party set forth in this Agreement shall be binding <br />and obligatory upon successors and assigns of that Party if any are allowed pursuant to this <br />Paragraph 17. <br />CI <br />
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