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On January I, for each year this Agreement is extended pursuant to Paragraph I above, Aurora <br />shall bill for all Reusable Raw Water to be delivered under the Delivery Schedule for that year. <br />All billing shall be done on such forms as designated by Aurora for that purpose. If the Delivery <br />Schedule is subsequently modified during the water year, Aurora will either send a supplemental <br />bill or may account for current water year changes in the bill for the next water year. Payment by <br />Brannan shall be due no later than forty-five (45) days after such bill has been issued. If Brannan <br />does not make the required payment by the due date, Aurora may give Brannan a notice of default. <br />ll� Brannan does not cure the default by making full payment within thirty (30) days of receipt of <br />any notice of default, then Aurora, in addition to pursuing any other remedies available to it, may <br />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 Brannan of <br />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. Brannan may not sublease <br />or give others the right to use the Reusable Raw Water to which it is entitled pursuant to this <br />Agreement without the permission of Aurora, which permission Aurora may grant or withhold at <br />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 />directly running directly to Aurora or its assigns permitted under this Agreement, if any. Brannan <br />therefore covenants and agrees, to the extent permitted by law, to indemnify, save and hold <br />harmless Aurora from all liability, cost or expense of any kind, including Aurora's costs of defense <br />to any other party arising in connection with or relating in any way to the execution, delivery or <br />performance of any allowed assignment or any related document by the parties thereto or to the <br />consummation 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 Brannan, nor shall any future needs of Brannan <br />for water enable Brannan to make claim against Aurora for any of Aurora's Reusable Raw Water, <br />other water or water rights. Brannan 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, Brannan 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. Aurora Right to Request Reuse. The Parties hereto acknowledge that hydrologic and other <br />conditions may exist wherein Brannan may not need all or a portion of the Reusable Raw Water <br />flow available to it under this Agreement. Aurora may contact Brannan, not more frequently than <br />5 <br />