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6. Monthly Pam: Each month United shall issue RMCC an invoice payable not <br /> fewer than 30 days after the invoice date. RMCC shall pay United consideration in the amount of <br /> $250 per acre-foot as detailed by the Replacement Schedule less any amount retained or used by <br /> United. <br /> 7. Limitation of Obligations: United shall have no obligations with respect to the <br /> sources of water as listed in Paragraph 1 provided that the point of replacement is above the calling <br /> water right in effect at the confluence of St. Vrain Creek with the South Platte River. <br /> 8. Assignment: The right to use augmentation water as provided for in this Lease <br /> shall not be separately assigned by RMCC to any other person, firm,or organization unless agreed <br /> to in writing by United. <br /> 9. Accounting: The Parties shall mutually implement and utilize such accounting <br /> procedures to effectuate this Lease as may reasonably be required by the Division Engineer. <br /> 10. Governmental Immunity: Notwithstanding any other provision of this Lease to the <br /> contrary, none of the Lease's terms or conditions shall be construed or interpreted as a waiver, <br /> either expressed or implied, of any of the immunities, rights, benefits, or protections provided to <br /> United or their respective officials, employees, contractors, or agents, or any other person acting <br /> on their behalf, under the Colorado Governmental Immunities Act, 24-10-101, et seq. C.R.S., as <br /> amended or as it may be amended(including,without limitation, any amendments to such statute, <br /> or under any similar statute which is subsequently enacted). <br /> 11. Default: If either Party defaults in the performance of any of its obligations under <br /> this Lease, then (a) the non-defaulting party will give the defaulting party written notice of the <br /> default; and (b)the defaulting party will have thirty (30) days thereafter to cure the default unless <br /> cure of the default will reasonably require more than thirty (30) days, in which case defaulting <br /> party will have thirty (30) days to undertake substantial action to cure the default and thereafter <br /> diligently complete the curative actions. If the defaulting party fails to cure the default, then the <br /> non-defaulting party, in addition to any other remedies that may be available at law or in equity, <br /> will have the right to terminate this Lease by written notice to the defaulting party. <br /> 12. Dispute Resolution: The Parties shall endeavor to resolve claims, disputes, and <br /> other matters in question between them by mediation. Any claim, dispute or other matter in <br /> question arising out of or related to this Lease shall be subject to mediation as a condition precedent <br /> to arbitration. Requests for mediation shall be filed in writing with the Party in controversy. <br /> Mediation shall proceed in advance of arbitration which shall be stayed pending mediation. All <br /> mediated settlement conferences shall take place in the City and County of Denver or Arapahoe <br /> County, Colorado within sixty (60) days of the date of a Party's notice to mediate. The Parties <br /> shall share the mediator's fee and any filing fees equally. Agreements reached in mediation shall <br /> be enforceable as settlement agreements in any Court having jurisdiction thereof. <br /> All claims, disputes controversies, and other matters in question arising out of or relating <br /> to this Lease or the breach,termination, interpretation, or validity thereof that are not resolved by <br /> Augmentation Water Lease Agreement <br /> Page 3of11 <br />