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the South Platte River (if any) and Prei's use of the Reusable Raw Water. In addition to the
<br /> reporting requirements set forth in Paragraph 4(b) above, Aurora will provide any and all
<br /> reporting and accounting required by the Colorado State Engineer, the Division I Engineer, or
<br /> any other lawful authority concerning proof of the reusability of the Reusable Raw Water, and
<br /> conveyance of the Reusable Raw Water to the Delivery Point(s).
<br /> 8. Subordination Clause. This Agreement shall be made expressly subordinate to any
<br /> present or future use of Reusable Raw Water by Aurora for the purposes of augmentation,
<br /> exchange,or any other use which is or will be of greater direct benefit to Aurora and the users of
<br /> its water delivery system, as well as to the water supply obligations which Aurora has incurred or
<br /> will incur through any of the following: (a) its obligations pursuant to Water Division 1, Case
<br /> Nos. 95CW226 and 227, Case No, 99CW l 58, Case No. 01CW284 and Case No. 02CW341; (b)
<br /> the November, 30, 2007, Water Supply Agreement with die Rocky Mountain Energy Center,
<br /> LLC; (c) the May 20, 2003, Water Rights Purchase and Sale Agreement with the City of
<br /> Thornton, Colorado; (d) the May 19, 2006, Reusable Water Lease Agreement with the Central
<br /> Colorado Water Conservancy District; (e) the June 30, 2015, Intergovernmental Agreement
<br /> ("IGA") for Delivery of Reclaimed Wastewater with E-470 Public Highway Authority; (f) the
<br /> August 16, 2015, Agreement with Asphalt Specialties Company for Lease of Firm Delivery of
<br /> Reclaimed Wastewater; (g) the September 17, 2015, Agreement for Lease of Firm Delivery of
<br /> Reclaimed Crrnundwater with Bucklen Equipment Company; (h) the December 8, 2015, 10A
<br /> with Adams County for Delivery of Reclaimed Wastewater, (i) the June 29, 2016 Agreement
<br /> with Asphalt Specialties Company for Delivery of Reusable Raw Water, 0) the April 4, 2016
<br /> Agreement with R.M. Hiner Construction Co for Delivery of Reusable Raw Water, (k)the April
<br /> 30, 2016 Agreement with Ready Mixed Concrete Company for Delivery of Reusable Raw
<br /> Water, (1)the October 11,2016 IGA with Todd Creek Village Metropolitan District for Delivery
<br /> of Reusable Raw Water, (m) the September 14, 2016 IGA with West Greeley Conservation
<br /> District for Delivery of Reusable Raw Water, (n) the March 7, 2017 Agreement for Delivery of
<br /> Reusable Raw Water with Brannan Sand and Gravel Company, LLC, and (o) any and all
<br /> obligations resulting from any firm delivery annual lease or delivery contract of Reusable Raw
<br /> Water executed prior to the date of this Agreement. The foregoing subordination does not, in
<br /> and of itself, create an excuse for Aurora's failure to deliver the Reusable Raw Water under this
<br /> Agreement. However, the Parties agree that the purpose and obligations under this Agreement
<br /> and Aurora's other obligations with respect to its Reusable Raw Water in the event of a force
<br /> majetwe event may cause delay or interruption in Aurora's delivery of the Reusable Raw Water.
<br /> 9. Consideration. Frei agrees to pay to Aurora the amount of Three Hundred dollars
<br /> ($300.00) per acre-foot ("Unit Rate") for all Reusable Raw Water delivered under this
<br /> Agreement, The Unit Rate shall remain constant throughout the term of this Agreement,
<br /> 10. PaXment. 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.
<br /> On January 1 of each of the following years of this Agreement, Aurora shall bill for all Reusable
<br /> Raw Water to be delivered under the Delivery Schedule for that year. All billing shall be done
<br /> on such forms as designated by Aurora for that purpose. Payment by Frei shall be due no later
<br /> than forty-five (45) days after such bill has been issued. If Frei does not make the required
<br /> payment by the due date, Aurora may give Frei a notice of default. If Frei does not cure the
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