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(b) On or about December 1 of each of the calendar years of this Agreement <br /> following 2021,Aurora shall bill for all Reusable Raw Water to be delivered under the Delivery <br /> Schedule for the following calendar year. <br /> (c) All billing shall be done on such forms as designated by Aurora for that purpose. <br /> Payment by ASCI shall be due no later than forty-five(45)days after such bill has been issued. <br /> If ASCI does not make the required payment by the due date,Aurora may give ASCI a notice of <br /> default. If ASCI does not cure the default by making full payment within thirty(30)days of <br /> receipt of any notice of default,then Aurora,in addition to pursuing any other remedies available <br /> to it,may declare this Agreement terminated. Any delay in Aurora's invoicing for payments <br /> under this Agreement shall not constitute a breach of Aurora's obligations and shall not relieve <br /> ASCI of its obligations to pay all consideration due hereunder. <br /> 10. Nan-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. ASCI may not sublease or <br /> 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. ASCI <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 ffirther understood and agrood to by the Partics that this Agreement shall <br /> confer no rights in such Reusable Raw Water upon ASCI,nor shall any future needs of ASCI for <br /> water enable ASCI to make claim against Aurora for any of Aurora's Reusable Raw Water,other <br /> water or water rights. ASCI fiuther acknowledges the statutory prohibition against vesting of a <br /> right for a continued lease expressed in CRS § 31-35-201 applies in these circumstances. <br /> 13. No Opleosition to Aurora Water Court Matters. From the date of execution of this <br /> Agreement and for the Term, ASCI 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 ASCI may not need all or a portion of the Reusable Raw Water flow <br /> available to it under this Agreement. Aurora may contact ASCI, not more frequently than once <br /> per day, to determine if any of the Reusable Raw Water to be provided hereunder will not be <br /> needed. <br /> 5 <br />