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party shall give written notice to the defaulting party specifying the terms of the <br /> particular default and the defaulting party shall have thirty (30) days after receipt of such <br /> notice either to cure or undertake and proceed diligently to cure, such default. In the <br /> event the defaulting party shall cure the default in a timely 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 party. <br /> 6. Termination: This Lease shall automatically terminate at the end of the term. <br /> This Lease shall also terminate upon the election of either party to terminate same after <br /> an uncured default by the other party has occurred. Such termination shall not relieve <br /> the defaulting party from any damages it may be ultimately obligated to pay to the non- <br /> defaulting party. <br /> 7. Indemnifications: AQUA shall have no responsibility or liability whatsoever for any <br /> claim, demand, action or liability whatsoever asserted or arising as a result of the use of <br /> the leased water rights by MARTIN MARIETIA, and MARTIN MARIETIA shall <br /> indemnify and hold harmless AQUA from any claim, demand, action or liability <br /> whatsoever asserted or arising as a result of the use of the leased water rights by <br /> MARTIN MARIETIA. In addition, MARTIN MARIETIA agrees to pay, and to indemnify <br /> AQUA against, all costs and expenses (including, but not limited to, AGUA's reasonable <br /> attorney fees) incurred by or imposed upon AQUA, by or in connection with any <br /> litigation to which AQUA becomes a party as a result of the use of the leased water <br /> rights by MARTIN MARIETIA, or that may be incurred by AQUA in enforcing any of the <br /> covenants and agreements of this Lease (with or without the 'Institution of any action or <br /> proceeding relating to the Leased Water Rights or in obtaining possession after an <br /> Event of Default or upon expiration or termination of this Lease Agreement). AQUA <br /> agrees to pay, and to indemnify MARTIN MARIETIA against all costs and expenses <br /> (including, but not limited to, MARTIN MARIETIA's reasonable attorney fees) incurred <br /> by MARTIN MARIETIA upon default by AGUA in enforcing any of the covenants and <br /> agreements of this Lease. <br /> 8. Qrgugh A—Clease: AGUA's water supply partially relies on leases with other water <br /> providers. Some of those agreements reserve the right to temporarily suspend the lease <br /> based on emergency need of water for municipal use. AQUA reserves the right to delay <br /> or halt deliveries to Martin Marietta as part of this agreement if AGUA's suppliers <br /> suspend delivery of water to AGUA. <br /> 2 <br />