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6. Water Rights Accounting. Brannan will be solely responsible for any and all reporting and
<br />accounting required by the Colorado State Engineer, the Division Engineer for Water Division I,
<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, Brannan's withdrawal of the Reusable Raw Water
<br />from the South Platte River (if any) and Brannan's use of the Reusable Raw Water. In addition to
<br />the reporting requirements set forth in Paragraph 3(b) above, Aurora will provide any and all
<br />reporting and accounting required by the Colorado State Engineer, the Division I Engineer, or any
<br />other lawful authority concerning proof of the reusability of the Reusable Raw Water, and
<br />conveyance 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 />through any of the following: (a) its obligations pursuant to Water Division 1, Case Nos. 95CW226
<br />and 227, Case No. 99CW 158, Case No. 01CW284 and Case No. 02CW341; (b) the November,
<br />30, 2007, Water Supply Agreement with the Rocky Mountain Energy Center, LLC; (c) the May
<br />20, 2003, Water Rights Purchase and Sale Agreement with the City of Thornton, Colorado; (d) the
<br />May 19, 2006, Reusable Water Lease Agreement with the Central Colorado Water Conservancy
<br />District; (e) the June 30, 2015, Intergovernmental Agreement ("IGA") for Delivery of Reclaimed
<br />Wastewater with E-470 Public Highway Authority; (f) the August 16, 2015, Agreement with
<br />Asphalt Specialties Company for Lease of Firm Delivery of Reclaimed Wastewater; (g) the
<br />September 17, 2015, Agreement for Lease of Firm Delivery of Reclaimed Groundwater with
<br />Bucklen Equipment Company; (h) the December 8, 2015, IGA with Adams County for Delivery
<br />of Reclaimed Wastewater, (i) the June 29, 2016 Agreement with Asphalt Specialties Company for
<br />Delivery of Reusable Raw Water, 0) the April 4, 2016 Agreement with R.M. Hiner Construction
<br />Co for Delivery of Reusable Raw Water, (k) the April 30, 2016 Agreement with Ready Mixed
<br />Concrete Company for Delivery of Reusable Raw Water, (1) the October 11, 2016 IGA with Todd
<br />Creek Village Metropolitan District for Delivery of Reusable Raw Water, (m) the September 14,
<br />2016 IGA with West Greeley Conservation District for Delivery of Reusable Raw Water, and (n)
<br />any and all obligations resulting from any firm delivery annual lease or delivery contract of
<br />Reusable Raw Water executed prior to the date of this Agreement. The foregoing subordination
<br />does not, in and of itself; create an excuse for Aurora's failure to deliver the Reusable Raw Water
<br />under this Agreement. However, the Parties agree that the purpose and obligations under this
<br />Agreement and Aurora's other obligations with respect to its Reusable Raw Water in the event of
<br />a farce iuujeure event may cause delay or interruption in Aurora's delivery of the Reusable Raw
<br />Water.
<br />8. Consideration. Brannan agrees to pay to Aurora the amount of Three Hundred dollars
<br />($300.00) per acre-foot ("Unit Rate") for all Reusable Raw Water delivered under this Agreement.
<br />The Unit Rate shall remain constant throughout the term of this Agreement, but may change due
<br />to market conditions if the term extends for additional years, pursuant to Paragraph 1, above.
<br />9. Payment. Aurora shall bill for all Reusable Raw Water it will deliver to Brannan for the
<br />2017 water year under the Delivery Schedule within thirty (30) business days of the Effective Date.
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