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2021-10-19_HYDROLOGY - M2001085 (2)
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2021-10-19_HYDROLOGY - M2001085 (2)
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Last modified
10/20/2021 6:19:24 AM
Creation date
10/19/2021 2:54:34 PM
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DRMS Permit Index
Permit No
M2001085
IBM Index Class Name
Hydrology
Doc Date
10/19/2021
Doc Name
Substitute Water Supply Plan
From
DWR
To
DRMS
Email Name
JPL
JLE
Archive
No
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invoicing for payments under this Agreement shall not constitute a breach of Aurora's obligations <br /> and shall not relieve 120-85 of its obligations to pay all consideration due hereunder. <br /> 10. Non-Assignability and No Subleases. Neither Party may assign its rights or delegate its <br /> duties hereunder without the prior written consent of the other Party. 120-85 may not sublease or <br /> give others the right to use the Reusable Raw Water to which it is entitled pursuant to this <br /> Agreement without the written permission of Aurora, which permission Aurora may grant or <br /> withhold at its discretion. <br /> 11. Successors and Assigns. This Agreement and the rights and obligations created hereby shall' <br /> be binding upon and inure to the benefit of the Parties, respective successors and assigns, if any <br /> are allowed. The Parties intend that Aurora shall not incur any liability other than those liabilities <br /> running directly to Aurora or its assigns permitted under this Agreement, if any. 120-85 therefore <br /> covenants and agrees,to the extent permitted by law,to`indemnify, save and hold harmless Aurora <br /> from all liability, cost or expense of any kind, including Aurora's costs of defense to any other <br /> party arising in connection with or relating in any way to the execution, delivery or performance <br /> of any allowed assignment or any related document by the parties thereto or to the consummation <br /> of any transaction in,connection with such documents. <br /> 12. No Rights Conferred. Except as otherwise provided in this Agreement, the Parties <br /> acknowledge that all Reusable Raw Water provided hereunder is intended for the present and <br /> future use of Aurora. It is further understood and agreed to by the Parties that this Agreement shall <br /> confer no rights in such Reusable Raw Water upon 120-85, nor shall any future needs of 120-85 <br /> for water enable 120-85 to make claim against Aurora for any of Aurora's Reusable Raw Water, <br /> other water or water rights. 120-85 further acknowledges the statutory prohibition against vesting <br /> of a right for a continued lease expressed in CRS § 31-35-201 applies in these circumstances. <br /> 13. No Opposition to Aurora Water Court Matters. From the date of execution of this <br /> Agreement and for the Term, 120-85 agrees that neither it nor any of its successors, if any are <br /> allowed, will-oppose Aurora in any Colorado Water Court applications filed by Aurora except to <br /> assert injury to a vested or conditional water right. <br /> 14. Entire Agreement of the Parties. This Agreement represents the entire agreement of the <br /> Parties, and neither Party has relied upon any fact or representation not expressly set forth herein. <br /> All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br /> representations, covenants and warranties concerning the subject matter hereof,are merged in this <br /> Agreement. <br /> 15. Amendment. This Agreement may be amended,modified,changed,or terminated in whole <br /> or in part only by written agreement duly authorized and executed by the Parties hereto. <br /> Extensions of this Agreement for Additional Year(s) or to amend the Delivery Amount and/or <br /> Delivery Schedule, as set forth in Paragraphs 1 and 2, respectively, may be as requested and <br /> confirmed in Paragraph 18(g)(2), below. <br /> 16. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity <br /> for specific performance, injunctive, or other appropriate relief, including damages, as may be <br /> 5 <br />
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