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1 <br /> 7. Subordination Clause. This Agreement shall be made expressly subordinate to any present <br /> or future use of Reusable Raw Water by Aurora for the purposes of augmentation, exchange, or <br /> any other use which is or will be of greater direct benefit to Aurora and the users of its water <br /> delivery system,as well as to the water supply obligations which Aurora has incurred or will incur <br /> through any of the following:(a)its obligations pursuant to Water Division 1,Case Nos.95CW226 <br /> and 227, Case No. 99CW158, Case No. 01CW284 and Case No. 02CW341; (b) the November, <br /> 30, 2007, Water Supply Agreement with the Rocky Mountain Energy Center, LLC; (c) the May <br /> 20,2003,Water Rights Purchase and Sale Agreement with the City of Thornton,Colorado;(d)the <br /> May 19,2006, Reusable Water Lease Agreement with the Central Colorado Water Conservancy <br /> District; (e)the June 30,2015,Intergovernmental Agreement ("IGA") for Delivery of Reclaimed <br /> Wastewater with E-470 Public Highway Authority; (f) the August 16, 2015, Agreement with <br /> Asphalt Specialties Company for Lease of Firm Delivery of Reclaimed Wastewater; (g) the <br /> September 17, 2015, Agreement for Lease of Firm Delivery of Reclaimed Groundwater with <br /> Bucklen Equipment Company; (h) the December 8, 2015, IGA with Adams County for Delivery <br /> of Reclaimed Wastewater, (i)the June 29,2016 Agreement with Asphalt Specialties Company for <br /> Delivery of Reusable Raw Water, 0) the April 4,2016 Agreement with R.M. Hiner Construction <br /> Co for Delivery of Reusable Raw Water, (k) the April 30, 2016 Agreement with Ready Mixed <br /> Concrete Company for Delivery of Reusable Raw Water,(1)the October 11,2016 IGA with Todd <br /> Creek Village Metropolitan District for Delivery of Reusable Raw Water, (m) the September 14, <br /> 2016 IGA with West Greeley Conservation District for Delivery of Reusable Raw Water, (n) the <br /> March 7, 2017 Agreement for Delivery of Reusable Raw Water with Brannan Sand and Gravel <br /> Company, LLC, and (o) any and all obligations resulting from any firm delivery annual lease or <br /> delivery contract of.Reusable Raw Water executed prior to the date of this Agreement. The <br /> foregoing subordination does not, in and of itself,create an excuse for Aurora's failure to deliver <br /> the Reusable Raw Water under this Agreement. However, the Parties agree that the purpose and <br /> obligations under this Agreement and Aurora's other obligations with respect to its Reusable Raw <br /> Water in the event of a force majeure event may cause delay or interruption in Aurora's delivery <br /> of the Reusable Raw Water. <br /> 8. Consideration. Frei agrees to pay to Aurora the amount of Three Hundred dollars($300.00) <br /> per acre-foot("Unit Rate") for all Reusable Raw Water delivered under this Agreement, The Unit <br /> Rate shall remain constant throughout the term of this Agreement. <br /> 9. Payment. Aurora shall bill for all Reusable Raw Water it will deliver to Frei for the 2017 <br /> water year under the Delivery Schedule within thirty(30)business days of the Effective Date. On <br /> January 1 of each of the following years of this Agreement,Aurora shall bill for all Reusable Raw <br /> Water to be delivered under the Delivery Schedule for that year. All billing shall be,done on sudh <br /> forms as designated by Aurora for that purpose. Payment by Frei shall be due no later than forty- <br /> five(45)days after such bill has been issued. If Frei does not make the required payment by the <br /> due date,Aurora may give Frei a notice of default. If Frei does not cure the default by making full <br /> payment within thirty (30) days of receipt of any notice of default, then Aurora, in addition to <br /> pursuing any other remedies available to it,may declare this Agreement terminated. Any delay in <br /> Aurora's invoicing for payments under this Agreement shall not constitute a breach of AuroiA's <br /> obligations and shall not relieve Frei of its obligations to pay all consideration due hereunder. <br /> 4 <br />