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DocuSign Envelope ID: F70OD728-OD39-4E4C-A66E-3DD2166F8FDC <br /> such request may include a new delivery schedule. Said extensions shall be <br /> subject to Lessor's written approval, and shall be subject to all the terms and <br /> conditions of this Lease unless amended pursuant to Paragraph 6.1,below. <br /> 2. Delivery and Transit Losses. <br /> 2.1. Location. Lessor shall deliver the Surplus Water from the Lessors' North <br /> Water Reclamation Facility to the point at which such facility discharges to <br /> Boulder Creek("Delivery Location"). Lessor shall have no obligation to deliver <br /> the Surplus Water to any location beyond the Delivery Location. <br /> 2.2. Delivery to Lessee. Lessor shall deliver the Surplus Water during the <br /> period of January 1, 2024 through December 31, 2024, according to the monthly <br /> delivery schedule attached as Exhibit A. <br /> 2.3. Accounting. Lessor shall provide Lessee with a copy of the water <br /> accounting showing the date(s) and quantities of the release of Surplus Water. <br /> This information will also be used to confirm and update Lessee's accounting <br /> forms. <br /> 3. Lease Pam. Lessee shall pay to Lessor $350.00 per acre-foot of <br /> Surplus Water provided hereunder for a total Lease Payment of$13,702.50. The total <br /> Lease Payment is due in full immediately upon execution hereof. Lessor may, in its sole <br /> discretion, adjust the unit price of$350.00 per acre-foot for additional term(s)beyond <br /> the Initial Lease Term. <br /> 4. Type of Use of Sur-plus Water. The Parties agree that the Surplus Water <br /> shall be used for augmentation/replacement uses only, and it shall not be used for any <br /> industrial purposes including but not limited to oil and gas operations. <br /> 5. Termination of Lease; Suspension of Deliveries. Lessor shall have the <br /> right to terminate this Lease or temporarily suspend deliveries of the Surplus Water <br /> hereunder at Lessor's sole discretion at any time upon notice to Lessee. Lessee shall <br /> have the right to terminate this Lease at any time upon notice to Lessor,but Lessee shall <br /> not be entitled to reimbursement of the Lease Payment under such circumstances. <br /> 2 <br />