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2019-07-01_HYDROLOGY - M2000041
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2019-07-01_HYDROLOGY - M2000041
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Last modified
12/27/2024 10:39:14 AM
Creation date
7/2/2019 1:15:21 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2000041
IBM Index Class Name
HYDROLOGY
Doc Date
7/1/2019
Doc Name
Substitute Water Supply Plan
From
DWR
To
DRMS
Annual Report Year
2019
Email Name
JPL
Media Type
D
Archive
No
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RECEIVED <br /> MAY 2 3 2019 <br /> VAATER RESOURCES <br /> STATE COENG NEER <br /> LO <br /> AGUA. In such instance, Stonewall shall not be compensated under this Lease for any <br /> portion of the Stonewall Shares not available for AGUA's use, and shall promptly refund <br /> any payments made by AGUA for such shares. Upon such refund, Stonewall shall have <br /> all rights to the use and disposition of water attributable to the Stonewall Shares in its <br /> sole and complete discretion. <br /> 5. efault: In the event of a default hereunder by either party, the non- <br /> defaulting party shall give written notice to the defaulting party specifying the terms of <br /> the particular default and the defaulting party shall have thirty(30) days after receipt of <br /> such notice either to cure or undertake and proceed diligently to cure, such default. In <br /> the event the defaulting party shall cure the default in a tamely manner, this lease shall <br /> continue in full force and effect as though no default had occurred. In the event any <br /> default is not cured in a timely manner the non-defaulting party may elect its remedies <br /> as follows: <br /> A. Suit for damages. <br /> B. Termination of this agreement at the election of the non-defaulting <br /> party. <br /> 6. Termination: This Lease shall automatically terminate at the end of the <br /> term. This Lease shall also terminate upon the election of either party to terminate <br /> same after an uncured default by the other party has occurred. Such termination shall <br /> not relieve the defaulting party from any damages it may be ultimately obligated to pay <br /> to the non-defaulting party. <br /> 7. Indemnifications: Stonewall shall have no responsibility or liability <br /> whatsoever for any chum, demand, action or liability whatsoever asserted or arising as a <br /> result of the use of the leased water rights by AGUA, and AGUA shall indemnify and <br /> hold harmless Stonewall from any claim,demand, action or liability whatsoever asserted <br /> or arising as a result of the use of the leased water rights by AGUA. In addition, AGUA <br /> agrees to pay, and to indemnify Stonewall against, all costs and expenses (including, <br /> but not limited to, Stonewall's reasonable attorney fees) incurred by or imposed upon <br /> Stonewall, by or in connection with any litigation to which Stonewall becomes a party as <br /> a result of the use of the leased water rights by AGUA, or that may be incurred by <br /> Stonewall in enforcing any of the covenants and agreements of this Lease (with or <br /> without the institution of any action or proceeding relating to the teased Water Rights or <br /> in obtaining possession after an Event of Default or upon expiration or termination of <br /> this Lease Agreement). Stonewall agrees to pay, and to indemnify AGUA against all <br /> costs and expenses (including, but not limited to, AGUA'S reasonable attorney fees) <br /> incurred by AGUA upon default by Stonewall in enforcing any of the covenants and <br /> agreements of this Lease. <br /> 8. Miscellaneous: <br /> 4 <br />
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