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<br />liable to pay the City for augmentation water received to the effective date of termination. The City <br />shall be liable to reimburse Lessee for any augmentation water previously paid for, but not delivered, <br />based upon the rate set forth in subparagraph 3.a, above. <br />5. Termination of Delivery for Nonpayment. In the event Lessee fails to pay for <br />augmentation water when payment is due asset forth in paragraph 3, above, the City, in addition to <br />seeking recovery of sums due, may terminate delivery of augmentation water to Lessee. <br />6. Lease Contineent Upon Plan Approval. The parties understand and agree that this <br />Lease shall be contingent upon approval of Lessee's temporary substitute supply plan by the office of <br />the State Engineer. <br />7. o Warranties. Delivery of water by the City under this Lease shall be on an "as is" <br />basis only, and the City neither expressly nor impliedly warrants the quality of the water. The water <br />teased hereunder is not warranted as suitable for any particular purpose. <br />8. o "ces. Written notices required under this Lease and all other correspondence <br />between the parties shall be directed to the following and shall be deemed received when hand- <br />delivered orthree (3) days after being sent by certified mail, return receipt requested: <br />If to the City: City of Loveland Water and Power Department <br />Attention: Ralph Mullinix, Director <br />200 North Wilson Avenue <br />Loveland, Colorado 80537 <br />If to Lessee: Jake Kauffman 8t Son, Inc. <br />Attention: Mary Kauffman <br />808 South County Road 9E <br />Loveland, Colorado 80537 <br />9. Govemi~,=Law and Venue. This Lease shall be governed by the laws of the State of <br />Colorado, and venue shall be in the County of Larimer, State of Colorado. <br />10. Severabiti~. In the event a court of competent jurisdiction holds any provision of <br />this lease invalid or unenforceable, such holding shalt not invalidate or render unenforceable any <br />other provision of this Lease. <br />11. Headines. Paragraph headings used in this Lease are for convenience of reference <br />and shalt in no way control or affect the meaning or interpretation of any provision of this Lease. <br />12. As ' na ilk. Lessee shall not assign this Lease without the City's prior written <br />consent. <br />13. l3indine 1:;tI'ec . This Lease shall be binding upon, and shall inure to the benefit of, <br />the parties hereto and their respective heirs, personal representatives, successors, and assigns. <br />14. nt're A reemen . This Lease contains the entire agreement of the parties relating to <br />the subject matter hereof and, except as provided herein, may not be modified or amended except by <br />written agreement of the parties. <br />KauJjman Lease -Wagner-XauJJinan Pit 2007-09. doe <br />Page d oj3 <br />