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3. CONSIDERATION. Lessee agrees to pay Lessor Three Hundred and 00;`00 <br /> Dollars($300.00)per acre-foot of Augmentation Water delivered pursuant to Exhibit 1_ to be <br /> paid by Lessee pursuant to the terms of the PSA and Mining Lease_ Payment to be provided at <br /> the Lessor address in paragraph 5 below. <br /> 4. FURTHER APPROVAL. Lessee shall be responsible for obtaining such <br /> approvals as are necessary for Lessee to use the Augmentation Water in its or substitute water <br /> supply plans and shall be responsible for accounting for its use of the Augmentation Water to the <br /> appropriate State water administration officials,water court andlor other parties who may be <br /> entitled to that information_ Lessee shall provide Lessor with copies of its accounting which <br /> illustrate Lessees use of the Excess Augmentation Credits as reasonably requested by Lessor. <br /> 5_ NOTICES_ Any notices, demands or other communications ications required or desired to <br /> be given under provision of this Agreement shall be given in writ Mg.. delivered personally, or <br /> sent by certified or registered mail,return receipt requested, postage prepaid, address as follows: <br /> To Lessor: Ground Water Management Subdistrict of the Central Colorado Water <br /> Conservancy District <br /> 3?09 W_ 28th Street <br /> Greeley, CO 80634 <br /> To Lessee: J-2 Contracting Co. <br /> 105 Coronado Ct. Unit A-101 <br /> Fort Collins, CO 80525 <br /> 6_ AMENDMENT_ This Agreement may be modified, amended_ changed or <br /> terminated in whole or in any part only by an agreement mi aTiting duly authorized and executed <br /> by all the Parties with the same formality as this Agreement. <br /> 7_ NVAnER_ The waiver of any breach or any of the provisions of this Agreement by <br /> any Party shall not constitute a c out imung waiver of any subsequent breach by said Party,by either <br /> of the same or any other provision of this Agreement- <br /> 8- HEADLNGS FOR CONVENIENCE ONLY_ Paragraph headings and titles <br /> contained herein are untended for convenience and reference only and are not intended to define <br /> or limit the scope or intent of anv provision of this Agreement_ <br /> 9. NON-SEVERASILITY.Each paragraph of this Agreement is related with the other <br /> and is not severable unless by mutual consent of the Parties hereto. <br /> 10_ SLNI DING EFFECT_ This Agreement and riphts and obligations created hereby <br /> shall be binding upon and shall inure to the benefit of the Parties hereto and their respective <br /> successors and assigns; however, this Agreement shall not be assigned except with the prior <br /> «ritten approval of the non-assigning party which approval shall not be unreasonably withheld. <br /> 11 <br />