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8. Determination of Water Ati ailability by the District Board. The District Board allows <br /> surplus water to be leased to others on a temporary basis,such as this lease,until the same is needed <br /> by participants in the District's augmentation,substitute supply,or replacement plans. The extent to <br /> which surplus water is needed by participants in the District's plans is a fact to be determined by the <br /> District Board in the exercise of its reasonable discretion from time to time as occasion may require. <br /> 9. interruption of Water Supply Beyond District Control. Both parties to this Lease <br /> recognize that the District's Consumable Water is variable in quantity for reasons beyond the control <br /> of the District. The District shall not be liable in tort or contract for any failure to accurately <br /> anticipate availability of water supply or because of an actual failure to supply water due to <br /> circumstances beyond the reasonable control of the District,including but not limited to act of God, <br /> strike,war,insurrection,or inability to serve arising out of the order of any court,or the lawful order <br /> of any governmental administrative body or agency clothed with authority to regulate matters <br /> pertaining to water,public utilities,public health or pollution control. <br /> 10. Emergency Water Limitations. The parties agree that from time to time emergency <br /> situations may require the District to limit leases of or the use of water leased from the District. Tile <br /> parties agree that the necessity for such limitation is a fact to be determined by the District in the <br /> exercise of its reasonable discretion from time to time,as occasion may require. The parties agree <br /> that the District may adopt such reasonable restrictions on the use of this leased water or priorities <br /> for curtailed use, as may be necessary to adapt to such emergency conditions,including limitations <br /> on Lessees supplies pursuant to this Lease. The District shall not be liable in tort or contract for <br /> imposing such reasonable restrictions. In the event that the District is unable to deliver the leased <br /> water as specified in this Lease, then Lessee's payment for water shall be reduced or refunded in <br /> proportion to the amount of any reduction of deliveries by the District. <br /> 11. Not a Permanent Supply. The parties understand and agree that this Lease is not to be <br /> interpreted as any commitment on the part of tile District to furnish water to Lessee on a permanent <br /> basis, but rather to assist Lessee in supplementing Lessee's own supplies by the leased water from <br /> the District for a temporary period. <br /> 12. Right to Obiect. The parties understand and agree that the District specifically <br /> reserves its right to object and may object to any Replacement Plan filed by Lessee to protect its <br /> interest.-.in the: water and this Agreement and to ensure compliance witli applicable law, including <br /> the prevention of injury to other vested or conditional water rights,regardless ofhow Lessee uses the <br /> water. <br /> 13. Time of Essence!Remedie5. Time is of the essence,and if any obligation created by <br /> this Lease is not performed by either party, then the nondefaulting party shall have all remedies <br /> available to it in law and equity. <br /> Page 3 of 4 <br /> One Year I case 5:19 10 <br />