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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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delivery requests pursuant to paragraph 9 above, required to be given to Pueblo Water hereunder <br /> must be delivered to: <br /> Board of Water Works of Pueblo, Colorado <br /> Attn: Executive Director <br /> Mail: Hand Delivery: <br /> P.®, Box 400 319 West 4ch Street <br /> Pueblo, CO 8 1002-0400 Pueblo, CO 81003 <br /> or at such other address as Pueblo Water may direct by written notice. All notices required to be <br /> given to Lessee hereunder must be delivered to: <br /> David Bieber <br /> Martin Marietta Materials <br /> 10170 Church Ranch Way, Suite 201 <br /> Westminster, CO 80021 <br /> or at such other address as Lessee may direct by written notice. <br /> 25. Remedies. In the event that either party defaults in the performance of any of its <br /> obligations under this Agreement, in addition to any and all other remedies provided in this <br /> Agreement or by law or equity, each party will have the right of specific performance against the <br /> other. Any suit, action or proceeding arising out of or relating to this Agreement will only be <br /> instituted in the County of Pueblo, State of Colorado. <br /> I <br /> 26. Default, Right to Cure. In the event that either party believes that the other is in default <br /> of any obligation under this Agreement, except as provided below in this paragraph, the non® <br /> defaulting party must give written notice of the default to the defaulting party. Such notice will be <br /> given by certified or registered mail, postage prepaid and return receipt requested. If a notice of <br /> default is provided, the party accused of the default must either cure it or provide a written <br /> statement explaining why it is not in default. If the alleged default is not cured or otherwise <br /> resolved within thirty(30)days, the parties may resort to their remedies. In the event of default for <br /> failure to pay any amount required to be paid by Lessee pursuant to the terms of this Agreement, <br /> Pueblo Water is not required to deliver water and notice of default is not required. Pueblo Water <br /> may, at its sole option, provide notice and a ten (10) day cure period. However, Pueblo Water will <br /> not be required to deliver water until the entire amount owed is paid by Lessee. <br /> 27. Right to Enter Agreement. Each party hereby warrants and represents that it has the full <br /> right and lawful authority to enter into this Agreement. <br /> 28. Governing Law. This Agreement will be governed by the laws of the State of Colorado <br /> in all respects. <br /> 29. Entire Agreement, Modification. This Agreement constitutes the entire agreement <br /> between the parties pertaining to the subject matter described in it and supersedes any and all prior <br /> Page 6 of 7 <br />
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