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RECEIVED <br /> JUN 2 9 ,2018 <br /> q I mitlw I, it ii <br /> S TA II ;hereunder are reserved solely to the parties, and not to any third IR <br /> party.32, Third Party Beneficiaries. Enforcement of thi's Agreement and all rights and obligations <br /> Any services or benefits <br /> that third parties receive as a result of thi's Agreement are incidental to the Agreement,and do not <br /> create any rights for such third parties. <br /> 33, Governmental Immunity. No term or condition of this Agreement is to be construed or <br /> ■ . implied, <br /> . immunities, <br /> . . riinterpreted as a waiver, express or <br /> ghts, <br /> i , <br /> bencfits, protections, or other provisions, of the Colorado Governmental Immunity Act, <br /> C.R.S. <br /> §24-10-101 et f as applicable now or hereafter amended. <br /> provision34. Early Termination.This Agreement may be terminated by mutual wfitten consent of the <br /> parties; or prior to the end of each of the five Contract Years Lessee may, as provided in th' <br /> I Is <br /> provision, terminate this Agreement if Lessee diligently pursues and is unable to obtain a state <br /> of Colorado approved substitute water supply plan allowing for the short-term use of the water <br /> [eased hereunder to augment the Lessee's well(s), or 'if the Lessee dalligently pursues and is <br /> unable to obtain a Colorado Judicial decree allowing for the long-term use of the water leased <br /> hereunder to augment the Ussee's operations. Lessee must provide Pueblo Water notice of <br /> termination pursuant to thi's <br /> any of the . <br /> duringve Contract Years in order to terminate thi's Agreement at the end of the Contract <br /> Year . <br /> ination <br /> s provided by Lessee. Notice of termination provided <br /> by Lessee must contain documentation. indicating . <br /> denied <br /> in accordance with the terms of thi's <br /> provision Lessee diligently pursued and was <br /> Colorado Judicial decree. In the event of termination under this provision no refunds of previous <br /> payments will be made and, except for obligations arising or existing prior to the date of <br /> termination or those that. survive <br /> IN WITNESS WHEREOF, Pueblo Water and Lessee have caused these presents to be <br /> executed 'in their respective behalf by their proper officers. <br /> BOARD OF WATER WORKS OF PUEBLO, MARTIN M ffiJETTA MATERIALS, <br /> w HI have any further obl*gat' I <br /> COLORADO <br /> By: Bya <br /> Terry R. Bo «, ecutive Director Patriock H. Walker, Presi deaf <br /> v <br /> Page 7of 7 <br />