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AGUA shall not be required to install or make any physical alteration of any of facilities or outlet <br /> measuring devices. AGUA does not make any representations or guarantees as to the water quality of <br /> the leased water. Lessee will not file an application or request approval with any administrative or <br /> judicial authorities that includes a change (as defined by Section 37-92-103(5), C.R.S.)to any of the <br /> leased water without the express written consent of AGUA, which consent is in the sole discretion of <br /> AGUA. <br /> 4. Deliveries and use subject to terms of other agreements and hydrologic conditions. Lessee <br /> acknowledges and accepts that the leased water is dependent upon sources from which the supply is <br /> variable in quantity and beyond the control of AGUA. Some of the leased water will be derived from <br /> water that AGUA leases from third parties. Lessee acknowledges and accepts the risks that AGUA's <br /> delivery of leased water may be subject to and limited by those third party leases, hydrologic <br /> conditions,and governmental orders,and agrees to use the water in compliance with applicable third <br /> party leases. In the event that water is not available to AGUA pursuant to a third-party lease or other <br /> conditions, AGUA will make reasonably efforts to deliver from other water rights owned or leased by <br /> AGUA, but AGUA does not guarantee delivery of leased water and AGUA shall not be required to reduce <br /> water available to its shareholders in order to make deliveries pursuant to this Lease. <br /> 5. Indemnification. AGUA shall have no responsibility or liability in tort or contract to Lessee or <br /> third parties for any claim,demand,action or liability whatsoever asserted or arising as a result of the <br /> delivery or nondelivery or use of the leased water by Lessee. Lessee shall indemnify AGUA from any <br /> such claim, including reasonable attorney fees. If deliveries are limited as a result of hydrologic <br /> conditions beyond AGUA's control or the operation of third party leases,then Lessee agrees that such <br /> nondelivery shall not be considered a breach of this Lease. <br /> 6. Transportation and evaporation losses. Lessee will bear all transportation and evaporation <br /> losses from the Point of Delivery to the place of Lessee's diversion or use. <br /> 7. Not a permanent supply. The Parties understand and agree that this Lease is not to be <br /> interpreted as obligating AGUA to deliver water after the term of this lease, and no additional or <br /> holdover terms shall be implied. <br /> 8. Title to water rights. Nothing herein is to be interpreted to give Lessee any legal or equitable <br /> title in or to any of the leased water. <br /> 9. Lease does not grant AGUA membership. This lease does not grant Lessee membership in <br /> AGUA or any of the rights of AGUA shareholders. <br /> 10.Assignability. This Lease may not be assigned,or the water subleased,except the Lease may <br /> be assigned to any successor in interest to theiOvells augmented by the leased water and.us o <br /> augment those wells. The terms of this Lease shall be binding on any such successor. <br /> 11.Termination. This Lease shall terminate no later than twenty-four months after the date on <br /> which deliveries commence. In the event AGUA is notified by any federal or state agency that this <br /> Lease constitutes a violation of AGUA's contracts with the Bureau of Reclamation, other applicable <br /> federal licenses, permits,federal law,or other contracts through which AGUA obtains water,AGUA may <br /> provide written notice of early termination to Lessee. As an alternative to AGUA's pursuing remedies <br /> for breach, and without providing any notice and opportunity to cure, AGUA may also provide written <br /> notice of early termination to Lessee due to failure to comply with applicable laws. <br /> Page 2 of 4 <br />