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entitled to by priority unless waived by the Colorado Water Conservation Board("CWCB") <br /> consistent with the CWCB Board procedures and law allowing such action. Any such use will <br /> be deemed a violation of the terms of this Agreement. <br /> 6. Water Rights Accounting. The Water Users will be solely responsible for any and all <br /> reporting and accounting required by the Colorado State Engineer,the Division Engineer for Water <br /> Division 1, the Water Commissioner for Water Commissioner District 2, or any other lawful <br /> authority after Aurora makes its delivery of the Reusable Raw Water as provided for under this <br /> Agreement. This responsibility includes,but is not limited to,the Water Users' withdrawal of the <br /> Reusable Raw Water from the South Platte River(if any)and the Water Users'use of the Reusable <br /> Raw Water. In addition to the reporting requirements set forth in Paragraph 3(b) above, Aurora <br /> will provide any and all reporting and accounting required by the Colorado State Engineer, the <br /> Division 1 Engineer, or any other lawful authority concerning proof of the reusability of the <br /> Reusable Raw Water, and conveyance of the Reusable Raw Water to the Delivery Point(s). <br /> 7. Subordination Clause. This Agreement shall be made expressly subordinate to any present <br /> or future use of Reusable Raw Water by Aurora for the purposes of augmentation, exchange, or <br /> any other use which is or will be of greater direct benefit to Aurora and the users of its water <br /> delivery system, as well as to the water supply obligations which Aurora has incurred or will incur <br /> from any firm delivery annual agreement or delivery contract of Reusable Raw Water executed <br /> prior to the date of this Agreement. The foregoing subordination does not, in and of itself, create <br /> an excuse for Aurora's failure to deliver the Reusable Raw Water under this Agreement. However, <br /> the Parties agree that the purpose and obligations under this Agreement and Aurora's other <br /> obligations with respect to its Reusable Raw Water in the event of a force majeure event may cause <br /> delay or interruption in Aurora's delivery of the Reusable Raw Water. <br /> 8. Consideration. The Water Users agree to pay to Aurora the amount of Five Hundred Fifty <br /> Dollars ($550.00) per acre-foot ("Unit Rate") for all Reusable Raw Water delivered under this <br /> Agreement in 2021. The Unit Rate will be Five Hundred Sixty-Nine Dollars ($569.00) for all <br /> Reusable Raw Water delivered in 2022. Beginning on January 1,2023,the Unit Rate will escalate <br /> annually by the same percentage increase as the overall average revenue increase in Aurora's <br /> potable rates. <br /> 9. Payment. Aurora shall bill for all Reusable Raw Water it will deliver to the Water Users <br /> under the Delivery Schedule within thirty (30) business days of the Effective Date. All billing <br /> shall be done on such forms as designated by Aurora for that purpose. Payment by the Water <br /> Users shall be due no later than forty-five(45)days after such bill has been issued. Stillwater and <br /> Al agree to joint and several liability for payment of the full amount due for the Reusable Raw <br /> Water delivered under this Agreement. If the Water Users does not make the required payment <br /> by the due date, Aurora may give the Water Users a notice of default. If the Water Users do not <br /> cure the default by making full payment within thirty(30) days of receipt of any notice of default, <br /> then Aurora,in addition to pursuing any other remedies available to it,may declare this Agreement <br /> terminated. Any delay in Aurora's invoicing for payments under this Agreement shall not <br /> constitute a breach of Aurora's obligations and shall not relieve the Water Users of its obligations <br /> to pay all consideration due hereunder. <br /> 4 <br />