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2022-10-26_HYDROLOGY - M2008082
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2022-10-26_HYDROLOGY - M2008082
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Last modified
10/28/2022 8:53:57 AM
Creation date
10/27/2022 9:19:46 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2008082
IBM Index Class Name
Hydrology
Doc Date
10/26/2022
Doc Name
Substitute Water Supply Plan
From
Water Resources
To
DRMS
Email Name
ECS
MAC
Media Type
D
Archive
No
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(b) On or about December I of each of the calendar years of this Agreement <br /> following 2020,Aurora shall bill for all Reusable Raw Water to be delivered under the Delivery <br /> Schedule for that calendar year. <br /> (c) All billing shall be done on such forms as designated by Aurora for that purpose. <br /> Payment by Brannan shall be due no later than forty-five(45)days after such bill has been <br /> issued, If Brannan does not make the required payment by the due date,Aurora may give <br /> Brannan a notice of default, If Brannan does not cure the default by making full payment within <br /> thirty(30)days of receipt of any notice of default,then Aurora, in addition to pursuing any other <br /> remedies available to it,may declare this Agreement terminated. Any delay in Aurora's <br /> invoicing for payments under this Agreement shall not constitute a breach of Aurora's <br /> obligations and shall not relieve Brannan of its obligations to pay all consideration due <br /> 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 /> 11 N2_Rjght_jConferred. 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 ,012position 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. AAHu!r9oEraa_RH&ht to Reauest,Reuse. The Parties hereto acknowledge that hydrologic and other <br /> ann <br /> conditions may exist wherein Bran 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 />
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