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2022-01-13_HYDROLOGY - M1997054
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2022-01-13_HYDROLOGY - M1997054
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Last modified
1/14/2022 6:19:25 AM
Creation date
1/14/2022 6:05:13 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1997054
IBM Index Class Name
Hydrology
Doc Date
1/13/2022
Doc Name
Substitute Water Supply Plan
From
Water Resources
To
DRMS
Email Name
TC1
MAC
Media Type
D
Archive
No
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17. Not a Permanent Supply. The Parties understand and agree that this Agreement is not to <br /> be interpreted as any commitment on the part Of Pueblo Water to furnish water to Lessee on a <br /> permanent basis, but rather to provide Lessee with water from Pueblo Water for the temporary <br /> period of the term of this Agreement. <br /> 18. Sales Tax or Other Taxes. In the event any sales tax or other tax is levied oil the water <br /> leased under this Agreement, Lessee agrees to pay said tax. Lessee may, however, contest the <br /> imposition of any such tax at its own expense, and the requirement of such payment Linder this <br /> Agreement is without prejudice to Lessee's right to contest any attempted imposition of tax. <br /> 19. Assignability; Sublease, <br /> 19,1 This Agreement may be assigned, in whole or part, by Lessee subject to prior <br /> written approval of said assignment by Pueblo Water, which approval is in the sole <br /> discretion of Pueblo Water. <br /> 19.2 Lessee may sublease the water obtained from Pueblo Water under this Agreement <br /> subject to prior written approval by Pueblo Water, which approval is in the sole discretion <br /> of Pueblo Water; however, Lessee will not sublease water to third parties at a higher price <br /> than it pays Pueblo Water for water under this Agreement. <br /> 20. Prohibition of Use For Marijuana Enterprises. Lessee will not use water provided <br /> under this Agreement for marijuana enterprises. <br /> 2L Waiver. Failure of either party hereto to exercise any right hereunder is not a waiver of <br /> such party's right and does not affect the right of said party to exercise at some future time said <br /> right or rights or any other right it may have hereunder. No waiver of any of the provisions of this <br /> Agreement will be deemed or constitute a waiver of any other provision, whether or not similar, <br /> nor will any waiver constitute a continuing waiver. No waiver is binding unless executed in <br /> writing by the party making the waiver. <br /> 22, No Exclusive Right or Privilege. Nothing in this Agreement is to be construed as a grant <br /> by Pueblo Water of any exclusive right or privilege. <br /> 23. Title to Water Rights. Nothing herein is to be interpreted to give Lessee any legal or <br /> equitable title in or to any of Pueblo Water's water rights, <br /> 24, Notices. All notices to be given with respect to this Agreement must be in writing. Unless <br /> otherwise provided in this Agreement,each notice must be sent by first class mail,postage prepaid, <br /> to the party to be notified at the address set forth herein or at such other address as either party <br /> may from time to time designate in writing. Every notice will be deemed to have been given at <br /> the time it is deposited in the United States mail in the manner prescribed herein. Nothing <br /> contained herein is to be construed to preclude personal service of any notice in the manner <br /> prescribed for personal service of a summons or other legal process. All notices, except for <br /> Page 5 of 7 <br />
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