Laserfiche WebLink
is" basis only, and Longiriont, does not warrant the quality of the Subject Water or the suitability <br /> of the Subject Water for any particular purpose, Customer shall not iriake any claim against <br /> Longmont arising fi-oni the quality of water delivered, arid Longmont shall have no treatment <br /> responsibility for the Subject Water made available tinder this Agreement. <br /> T Indemnification. Customer shall bear all responsibility for its use of the Subject <br /> Water provided tinder this Agreement, together with the costs associated therewith. To the extent <br /> allowed by law, Customer shall defend, indemnify, and hold harmless Longmont ftorn and against <br /> any and all damages, clairns, losses, obligations, other costs, and other liabilities arising out of <br /> Customer's use of the Subject Water provided under this Agreement. <br /> 8. Transfer arid assignment, This Agreement, and the right to use the Subject Water, <br /> may not be transferred, assigned, subleased, or otherwise conveyed by Customer For use at <br /> locations other than the Property without the prior written consent of Longmont. <br /> 9. Use Restrictions and AccountiLig. Customer shall not use any water provided by <br /> Longmont under this Agreement for any oil and gas operation, nor suffer such water to be put to <br /> Such use by anyone to whom Customer conveys the water, or their Ultirriate successors or assigns. <br /> Clustomer shall not provide this water to any subject political entity or for any use within an <br /> urbanized area, as those terms are defined in Chapter 14,09 of the Longmont Municipal Code, as <br /> amended, nor suffer the water to be transferred to such entities or used in such areas by anyone to <br /> whom Customer conveys the water, or their ultimate successors or assigns. Water used solely at <br /> the Property to satisfy the Customer's Substitute water supply plan obligations complies with these <br /> restrictions. Customer shall account for, and make record of;. all uses, deliveries, and transfers of <br /> the water provided by Longmont tinder this Agreement; shall include such int"ormation in the <br /> monthly State accounting fonn required to be submitted to the State Engineer's Office, Division <br /> One Engineer; and shall provide Longmont a copy of such form, when it is submitted thereto or <br /> required to be submitted thereto, whichever is sooner. Satisfaction of Customers substitute water <br /> supply plan obligations shall qualify as a final use of the water. <br /> 10. Water Conservation. Customer agrees to implement or continue reasonable Best <br /> Management Practices ("BMP") for water conservation during the term of"this Agreement. This <br /> paragraph shall not be construed to require any specific BMP but shall broadly be field to <br /> encourage reasonable, cost effective efforts to conserve water used by Customer both under this <br /> Agreement and for base water supplies used by Customer, Procedures and application processes <br /> for this paragraph shall be as outlined in the City's annual Water Supply and Drought Management <br /> Plan. <br /> 11, Inteparation. Ibis instrument embodies the whole agreement of the Parties with <br /> respect to the subject matter contained herein. This Agreement shall supersede all previous <br /> communications, representations, or agreements, whether verbal or written, between the Parties <br /> hereto. There shall be no modification of this Agreement not, waiver of any of its provisions, <br /> except upon rnutual agreement of the Parties expressed in writing, executed with the same <br /> fon-nalities as this instrument. <br /> 3 <br />