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WATER SUPPLY CONTRACT CW12006 <br /> Page 7 <br /> Contract, the term of this Contract shall be for a period of up to forty (40) years <br /> from the date of the execution of this Contract(through June 30, 2052). <br /> b. At the end of the 40-year term of this Contract (June 30, 2052), the Contractor- <br /> shall have the right to renew this Contract for the same Contracted Water amount <br /> for a secondary term of thirty-five (35) years, upon such terms and conditions as <br /> the River District is offering at that time, provided that the River District is <br /> offering up the full amount of Contracted Water for lease. In the,event that the <br /> River District, on a non-discriminatory basis, decides not to offer up the full <br /> amount of the Contracted Water for lease, Contractor shall have the right to renew <br /> for secondary term of thirty-five (35)years such lesser portion of the Contracted <br /> Water as may be offered by the River District. If Contractor desires to so renew <br /> this Contract,it shall provide the River District written notice of its intention to do <br /> so at least ninety (90) days prior to the expiration of the initial term of this <br /> Contract. Thereafter, and prior to the expiration of the initial term, the River <br /> District and Contractor shall execute a supplemental agreement of renewal in a <br /> form mutually acceptable to the River District and Contractor. If such notice of <br /> intention to renew is not provided and such supplemental agreement is not <br /> executed,no renewal term shall commence. <br /> 5. Water Shortage. In the event that the River District is unable, because of either legal or <br /> physical reasons (including, but not limited to, hydrologic shortages and operational <br /> restrictions), to deliver any or all of the full amount of water contracted from the Project, <br /> including the Contracted Water, the River District reserves the right to apportion the <br /> Project's available water among its several contractors, including Contractor, in the <br /> manner provided in paragraph 6 of the Water Marketing Policy. <br /> 6. Contract Termination. <br /> a. Termination by River District. <br /> i. The River District may terminate this Contract for any violation or breach <br /> of the terms of this Contract by Contractor, including Contractor's failure <br /> to pay timely any sum or amount due under this Contract within thirty(30) <br /> days after receiving written notice from the River District of such breach. <br /> ii. The River District also may terminate this Contract if, in its discretion, any <br /> judicial or administrative proceedings initiated by Contractor as <br /> contemplated in subparagraph 2.d above, threaten the River District's <br /> authority to contract for delivery of Project Water or the River District's <br /> water rights,permits, or other interests associated with the Project. <br />