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6. Water Rights Accountin Frei will be solely responsible for any and all reporting and <br />accounting required by the Colorado State Engineer, the Division Engineer for Water Division 1, <br />the Water Commissioner for Water Commissioner District 2, or any other lawful authority after <br />Aurora makes its delivery of the Reusable Raw Water as provided for under this Agreement. This <br />responsibility includes, but is not limited to, Frei's withdrawal of the Reusable Raw Water from <br />the South Platte River (if any) and Frei's use of the Reusable Raw Water. In addition to the <br />reporting requirements set forth in Paragraph 3(b) above, Aurora will provide any and all reporting <br />and accounting required by the Colorado State Engineer, the Division I Engineer, or any other <br />lawful authority concerning proof of the reusability of the Reusable Raw Water, and conveyance <br />of the Reusable Raw Water to the Delivery Point(s). <br />7. Subordination Clause. This Agreement shall be made expressly subordinate to any present <br />or future use of Reusable Raw Water by Aurora for the purposes of augmentation, exchange, or <br />any other use which is or will be of greater direct benefit to Aurora and the users of its water <br />delivery system, as well as to the water supply obligations which Aurora has incurred or will incur <br />from any firm delivery annual agreement or delivery contract of Reusable Raw Water executed <br />prior to the date of this Agreement. The foregoing subordination does not, in and of itself, create <br />an excuse for Aurora's failure to deliver the Reusable Raw Water under this Agreement. However, <br />the Parties agree that the purpose and obligations under this Agreement and Aurora's other <br />obligations with respect to its Reusable Raw Water in the event of a force majeure event may cause <br />delay or interruption in Aurora's delivery of the Reusable Raw Water. <br />8. Consideration. Frei agrees to pay to Aurora the amount of Five Hundred Fifty Dollars <br />($550.00) per acre-foot ("Unit Rate") for all Reusable Raw Water delivered under this Agreement <br />in 2021. Beginning on January I, 2022, the Unit Rate will escalate annually by the same <br />percentage increase as the overall average revenue increase in Aurora's potable rates. <br />9. Payment. Aurora shall bill for all Reusable Raw Water it will deliver to Frei under the <br />Delivery Schedule in 2021 within thirty (30) days of the Effective Date. For subsequent years, <br />Aurora shall bill for all Reusable Raw Water it will deliver under the Delivery Schedule in January <br />for each of those years. All billing shall be done on such forms as designated by Aurora for that <br />purpose. Payment by Frei shall be due no later than thirty (30) days after such bill has been issued. <br />If Frei does not make the required payment by the due date, Aurora may give Frei a notice of <br />default. if Frei does not cure the default by making full payment within thirty (30) days of receipt <br />of any Notice of default, then Aurora, in addition to pursuing any other remedies available to it, <br />may declare this Agreement terminated. Any delay in Aurora's invoicing for payments under this <br />Agreement shall not constitute a breach of Aurora's obligations and shall not relieve Frei of its <br />obligations to pay all consideration due hereunder. <br />10. Non-Assienability and No Subleases. Neither Party may assign its rights or delegate its <br />duties hereunder without the prior written consent of the other Party. Frei 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 />4 <br />