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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-Assicubility 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 /> once per day,to determine if any of the Reusable Raw Water to be provided hereunder will not be <br /> needed. <br /> 15. Entire Agreement of the Parties. This Agreement represents the entire agreement of the <br /> Parties,and neither Party has relied upon any fact or representation not expressly set forth herein. <br /> All prior and contemporaneous conversations, negotiations, possible alleged agreements, <br /> representations,covenants and warranties concerning the subject matter hereof,are merged in this <br /> Agreement. <br /> 5 <br />