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(b) On or about December 1 of each of the calendar years of this Agreement <br /> following 2024, Aurora shall bill for all Reusable Raw Water to be delivered for additional term <br /> periods under the approved Delivery Schedule for that term period. <br /> (c) All billing shall be done on such forms as designated by Aurora for that purpose. <br /> Payment by BURNCO shall be due no later than forty-five (45) days after such bill has been <br /> issued. If BURNCO does not make the required payment by the due date,Aurora may give <br /> BURNCO a notice of default. If BURNCO does not cure the default by making full payment <br /> within thirty (30) days of receipt of any notice of default,then Aurora, in addition to pursuing <br /> any other remedies available to it,may declare this Agreement terminated. Any delay in <br /> Aurora's invoicing for payments under this Agreement shall not constitute a breach of Aurora's <br /> obligations and shall not relieve BURNCO 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. BURNCO 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. <br /> BURNCO therefore covenants and agrees, to the extent permitted by law, to indemnify, save and <br /> hold harmless Aurora from all liability, cost or expense of any kind, including Aurora's costs of <br /> defense to any other party arising in connection with or relating in any way to the execution, <br /> delivery or performance of any allowed assignment or any related document by the parties thereto <br /> or to the 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 BURNCO, nor shall any future needs of <br /> BURNCO for water enable BURNCO to make claim against Aurora for any of Aurora's Reusable <br /> Raw Water,other water or water rights. BURNCO further acknowledges the statutory prohibition <br /> against vesting of a right for a continued lease expressed in CRS § 31-35-201 applies in these <br /> circumstances. <br /> 13. No Opposition to Aurora Water Court Matters. From the date of execution of this <br /> Agreement and for the Term, BURNCO 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 BURNCO may not need all or a portion of the Reusable Raw Water <br /> flow available to it under this Agreement. Aurora may contact BURNCO, not more frequently <br /> 5 <br />