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Applicant's valid well permit before District is obligated to deliver any water hereunder. <br /> 17. Measuring Device or Meter: Applicant agrees to provide,at its own expense,a measuring device deemed acceptable <br /> by the District's Engineer after consultation,or a totalizing flow meter with remote readout to continuously and accurately measure at all times all <br /> water diverted pursuant to the terms of Applicant's water right and the terms of this Contract. Applicant agrees to provide accurate readings from <br /> such device or meter to District upon District's request. Applicant acknowledges that failure to comply with this paragraph could result in legal <br /> action to terminate Applicant's diversion of water by the State of Colorado Division of Water Resources. By signing this Contract,Applicant <br /> hereby specifically allows District,through its authorized agent,to enter upon Applicant's property during ordinary business hours for the <br /> purposes of determining Applicant's actual use of water. <br /> 18. Representations: By executing this Contract,Applicant agrees that it is not relying on any legal or engineering advice <br /> that Applicant may believe has been received from the District. Applicant further acknowledges that it has obtained all necessary legal and <br /> engineering advice from Applicant's own sources other than the District. Applicant further acknowledges that the District makes no guarantees, <br /> warranties,or assurances whatsoever about the quantity or quality of water available pursuant to this Contract. Should the District be unable to <br /> provide the water contracted for herein,no damages may be assessed against the District,nor may Applicant obtain a refund from the District. <br /> 19. Costs of Water Court Filing and Augmentation Plan: Should the District,in its own discretion,choose to include <br /> Applicant's Contract herein in a water court filing for alternate point of diversion or plan of augmentation,then Applicant hereby agrees to pay to <br /> the District, when assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicant's share of the <br /> proceedings.Applicant shall be assessed a pro-rata share of the total cost incurred by the District in preparing,filing and pursuing to decree the <br /> water court case. The pro-rata share shall be calculated by dividing such total cost by the number of contractees included in the filing. To the <br /> extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicant's Contract in the filing, <br /> such additional costs may be charged specifically to Applicant and not shared on a pro-rata basis by all contractees. <br /> 20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attached hereto is the <br /> form entitled"Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved by the <br /> District's engineer. Said attachments shall by this reference thereto be incorporated into the terms of this agreement. All correspondence from the <br /> District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions <br /> of this agreement. <br /> 21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICANT TO OBTAIN A VALID WELL PERMIT OR <br /> OTHER WATER RIGHT IN ORDER TO DIVERT WATER,INCLUDING THE WATER ACQUIRED UNDER THIS CONTRACT.IT IS THE <br /> CONTINUING DUTY OF THE APPLICANT TO MAINTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDING <br /> FILING FOR EXTENSIONS OF PERMITS,FILING WELL COMPLETION REPORTS,FILING STATEMENTS OF BENEFICIAL USE,OR <br /> OTHERWISE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT WASTE. <br /> 22. AREA B.CONTRACTS: IF APPLICANTS WELL OR OTHER WATER RIGHT THAT IS THE SUBJECT OF <br /> THIS CONTRACT IS LOCATED OUTSIDE"AREA A"AS DESIGNATED BY THE DISTRICT,THEN THIS PARAGRAPH APPLIES: THE <br /> AUGMENTATION WATER PROVIDED BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICANT'S WATER <br /> RIGHT FROM A CALL ON THE COLORADO RIVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER <br /> 5 <br />