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I 1. 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 Iiabilities <br />running directly to Aurora or its assigns permitted under this Agreement, if any. Frei 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 Frei, nor shall any future needs of Frei for <br />water enable Frei to make claim against Aurora for any of Aurora's Reusable Raw Water, other <br />water or water rights. Frei further acknowledges the statutory prohibition against vesting of right <br />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, Frei agrees that neither it nor any of its successors, if any are allowed, <br />will oppose Aurora in any Colorado Water Court applications filed by Aurora except to assert <br />injury to a vested or conditional water right, including any amendment of an application to which <br />Frei was a party. <br />14. Aurora Right to Request Reuse. The Parties hereto acknowledge that hydrologic and other <br />conditions may exist wherein Frei may not need all or a portion of the Reusable Raw Water flow <br />available to it under this Agreement. Aurora may contact Frei, not more frequently than once per <br />day, to determine if any of the Reusable Raw Water to be provided hereunder will not be needed. <br />15. 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 />16. Amendment. Frei may submit to Aurora a proposed modified Delivery Schedule setting <br />forth revised monthly and total delivery amounts. Any proposed modified Delivery Schedule shall <br />be effective only upon Aurora's written consent, upon which such modified Delivery Schedule <br />will replace the existing Delivery Schedule attached hereto as Exhibit A. Further, the Parties may <br />agree to extend the Term for additional one-year periods effective upon both Frei's written request <br />and Aurora's written response agreeing to the extension and requested Delivery Schedule. <br />Otherwise, this Agreement may be amended, modified, changed, or tenninated in whole or in part <br />only by written agreement duly authorized and executed by the Parties hereto. <br />17. 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 />