2021-10-19_HYDROLOGY - M2001085 (2)

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(b) Aurora does not allow the use of, and LLC-85 will not use,the Reusable Raw Water by direct use, augmentation,replacement, or exchange within or upstream of a decreed instream flow reach if such use will deprive-the decreed-instream flow of water it is entitled to by priority unless waived by the Colorado Water Conservation Board ("CWCB")consistent with the CWCB Board procedures and law allowing such action. Any such use will be deemed a violation of the terms of this Agreement. 6. Water Rights Accounting. 120-85 will be solely responsible for any and all reporting and accounting required by the Colorado State Engineer, the Division Engineer for Water Division 1, the Water Commissioner for Water District 2, or any other lawful authority after Aurora-makes its delivery of the Reusable Raw Water as provided for under this Agreement. This responsibility includes, but is not limited to, 120-85's withdrawal of the Reusable Raw Water from the South Platte River (if any) and 120-85's use of the Reusable Raw Water. In addition to the reporting requirements set forth in Paragraph 3, above, Aurora will provide any and all reporting and accounting required by the Colorado State Engineer, the Division 1 Engineer, or any other lawful authority concerning proof of the reusability of the Reusable Raw Water, and conveyance of the Reusable Raw Water to the Delivery Points. 7. Subordination Clause. This Agreement shall be made expressly subordinate to any present or future use of Reusable Raw Water by Aurora for the purposes of augmentation, exchange, or any other use which is or will be of greater direct benefit to Aurora and the users of its water delivery system, as well as to the water supply obligations which Aurora has incurred or will incur from any firm delivery annual agreement or delivery contract of Reusable Raw Water executed prior to the date of this Agreement or that Aurora determines, in its sole discretion,this Agreement is to subordinate to. The foregoing subordination does not, in and of itself, create an excuse for Aurora's failure to deliver the Reusable Raw Water under this Agreement. However, the Parties agree that the purpose and obligations under this Agreement and Aurora's other obligations.with respect to its Reusable Raw Water in the event of a force majeure event may cause delay or interruption in Aurora's delivery of the Reusable Raw Water. As used herein force majeure shall mean any delay or failure of a Party to perform its obligations under this Agreement caused by events beyond the Party's reasonable control, and without the fault or negligence of the Parry. 8. Consideration. 120-85 agrees to pay to Aurora the amount of Five Hundred Fifty Dollars ($550.00)per acre-foot("Unit Rate")for all Reusable Raw Water delivered under this Agreement. If this Agreement is continued for Additional Years, the Unit Rate shall escalate annually by the same percentage increase as the overall average revenue increase in Aurora's potable rates. 9. Payment. Immediately after the Effective Date, as defined in Paragraph 18(m), below, Aurora shall bill for all Reusable Raw Water delivered to 120-85 for the Term, and will bill annually for any Additional Year(s). All billing shall be done on such forms as designated by Aurora for that purpose. Payment by 120-85 shall be due no later than forty-five (45) days after such bill has been issued. If 120-85 does not make the required payment by the due date, Aurora may give 120-85 a notice of default. If 120-85 does not cure the default by making full payment within thirty (30)days of receipt of any notice of default,then Aurora, in addition to pursuing any other remedies available to it, may declare this Agreement terminated. Any delay in Aurora's 4