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6. Untreated water. The water delivered to Customer under this Agreement is <br /> untreated or non-potable water of whatever quality that is now or in the future available f-orn the <br /> sources specified herein. Delivery of non-potable water under this Agreement will be on an"as is" <br /> basis only, and Longmont does not warrant the quality of the Subject Water- or the suitability of <br /> the Subject Water for any particular purpose. Customer shall not make any claim against <br /> Longmont arising from the quality of water delivered, and Longmont shall have no treatment <br /> responsibility for the Subject Water made available under this Agreement. <br /> 7. Indemnification. Customer shall bear all responsibility for its use of the Subject <br /> Water provided under this Agreement, together with the costs associated therewith. To the extent <br /> allowed by law, Customer shall defend, indemnify, and hold harmless Longmont from and against <br /> any and all damages, claims, losses, obligations, other costs, and other liabilities arising out of <br /> Customer's use of the Subject Water provided under this Agreement. <br /> 8. Transfer and assi rug neat. This Agreement, and the right to use the Subject Water, <br /> may not be transferred, assigned, subleased, or otherwise conveyed by Customer for use at <br /> locations other than the Properties without the prior written consent of Longmont. <br /> 9. Use Restrictions and Accounting, Customer- shall not use any water provided by <br /> Longmont under this Agreement for any oil and gas operation, nor suffer such water to be put to <br /> such use by anyone to whom Customer conveys the water, or their ultimate successors or assigns. <br /> Customer shall not provide this water to any subject political entity or for any use within an <br /> urbanized area, as those terms are defined in Chapter 14.09 of the Longmont Municipal Code, as <br /> amended, nor suffer the water to be transferred to such entities or used in such areas by anyone to <br /> whom Customer conveys the water,or their ultimate successors or assigns. Customer shall account <br /> for, and make record of, all uses, deliveries, and transfers of the water provided by Longmont <br /> under this Agreement; shall include such information in the monthly State accounting form <br /> required to be submitted to the State Engineer's Office, Division One Engineer; and shall provide <br /> Longmont a copy of such form when it is submitted thereto or required to be submitted thereto, <br /> whichever is sooner. <br /> 10. Water conservation. Customer agrees to implement or continue reasonable Best <br /> Management Practices ("BMP") for water conservation during the term of this Agreement. This <br /> paragraph shall not be construed to require any specific BMP but shall broadly be held to <br /> encourage reasonable, cost effective efforts to conserve water used by Customer both under this <br /> Agreement and for base water supplies used by Customer. Procedures and application processes <br /> for this paragraph shall be as outlined in the City's annual Water Supply and Drought Management <br /> Plan. <br /> 11. Integration. This instrument embodies the whole agreement of the Parties with <br /> respect to the subject matter contained herein. This Agreement shall supersede all previous <br /> communications, representations, or agreements, whether verbal or written, between the Parties <br /> hereto. There shall be no modification of this Agreement nor- waiver of any of its provisions, <br /> except upon mutual agreement of the Parties expressed in writing, executed with the same <br /> formalities as this instrument. <br /> 3 <br /> Asphalt Spe ialties2023-2024 Water Supply Agreement_F1NAL_10+3112023 <br />