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2019-01-30_HYDROLOGY - M1999034
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2019-01-30_HYDROLOGY - M1999034
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Last modified
2/1/2019 1:55:00 PM
Creation date
1/31/2019 4:51:46 PM
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Template:
DRMS Permit Index
Permit No
M1999034
IBM Index Class Name
Hydrology
Doc Date
1/30/2019
Doc Name
Substitute Water Supply Plan
From
DWR
To
DRMS
Email Name
JLE
MAC
Media Type
D
Archive
No
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or potential rights it might have concerning any warranties from Westminster as to fitness for a <br />particular use, product liability claims, and all other extant or later created or conceived of strict <br />liability or strict liability claims and rights concerning the fitness or appropriateness ofthe water for <br />a particular use or users. Moreover, Westminster does not represent or guarantee that the water <br />meets or will meet any particular water quality standards or complies with or will comply with any <br />requirements of any governmental agency or authority, or that the water is suitable for any use by AI <br />or others. <br />4. AI shall not have any right of ownership of the BDC Shares. <br />5. This Lease may not be assigned by AI without the prior written consent of <br />Westminster. At shall provide Westminster with notice of any intention to assign this Lease to any <br />other third party. To the extent this Water Lease is assigned to any third party, At will obtain a <br />written acceptance of the terms of this Water Lease by the third party, including, but not limited to <br />the provisions of Paragraph 3, above, as well as a written waiver signed by the third party specifically <br />waiving the same rights waived by At in Paragraph 3, above. Any assignment of this Water Lease by <br />AI shall not be effective until the requirements of this paragraph have been satisfied. <br />6. This Lease shall expire upon the occurrence of any one of the following events: <br />a. The completion by Al and acceptance by Westminster of lined storage <br />pursuant to the terms of the Storage Agreement; or <br />b. The termination of the Storage Agreement; or <br />C. AI's failure to make good faith efforts to mine and complete the lined water <br />storage facility pursuant to the Storage Agreement; or <br />it. AI's breach or failure to fully comply with any terms of this Lease Agreement; <br />[ori <br />C. AI's failure to make annual payments to Westminster as required under <br />paragraph 7, below; or <br />Ten years for the date of execution of this lease; or <br />g. Upon mutual agreement of the parties, <br />7. As consideration for this lease, Al will pay Westminster an annual fee equivalent to <br />the annual assessments, any special assessments or any related fees, including, but not limited to <br />carriage and/or augmentation station usage fees, associated with the BDC Shares. During the term of <br />this lease, Westminster will notify Al in writing of any assessments or fees paid on said BDC Shares. <br />During the term of this lease, AI shall promptly reimburse Westminster for any payments made by <br />Westminster that constitute annual assessments, special assessments, or related fees associated with <br />the BDC Shares. AI's failure to reimburse Westminster within 30 days of written notice shall <br />constitute grounds for terminating this Lease pursuant to paragraph 6(e), above. <br />
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