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Exhibit A, or as otherwise agreed by the City and the Lessee in <br />writing. In no event shall the monthly deliveries exceed the <br />monthly amounts shown on Exhibit A unless hereafter agreed in <br />writing by the City and the Lessee. <br />The Lessee shall not have the right to carryover from month <br />to month or from year to year any Leased Water which was <br />deliverable, but not requested for delivery, in a prior time <br />period. If the maximum allowable delivery under this Lease is <br />not requested by Lessee in any month, the right of Lessee to call <br />for the delivery of such water ,shall lapse and all such water <br />shall remain the sole property of the City. <br />4. In 'supplying the Leased Water pursuant to this Lease, <br />the City may use any water, including, but not limited to the <br />following sources of water which may be used to extinction (the <br />"Fully Consumable water"): <br />a. Native water from the Big Thompson River basin <br />which, when stored within the City's reservoir <br />system, may be totally consumed pursuant to the <br />terms and conditions of the Decree for Change of <br />Water Rights for the City o£ Loveland, dated June <br />18, 1985, Case No. 82-CW-202A, Water Court <br />Division One, State of Colorado or subsequent <br />actions; and <br />b. Water under an Allotment Contract with the <br />Municipal Sub-District of the Northern Colorado <br />Water Conservancy District (the "Northern <br />District"), commonly known as Windy Gap water; and <br />c. Any water subsequently acquired by the City and <br />determined by Water Court Decree to be totally <br />consumable. <br />5. The City shall have the right to deliver the Leased <br />Water to Lessee from any of the sources of Fully Consumable <br />Water, at the City's sole discretion, and shall have the right to <br />determine if any or all of the Leased Water shall be first use <br />water or subsequent use water. The City shall never be required <br />to deliver first use water, even if it is the only Fully <br />Consumable Water available to meet the terms of this Lease. In <br />the event the only water available to the City to meet the terms <br />of this Lease is first use Windy Gap Water and the City is <br />willing to deliver such first use water, the City shall notify <br />the Lessee prior to delivering such water and the Lessee shall <br />