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as agreed by and between the Lessee and City in w iting. Lessee <br /> shall not unreasonably withhold its approval of a request by <br /> the City to move the point of delivery. <br /> 9. Subject to the provisions of paragraph 5, the City <br /> shall only be obligated to deliver the Leased Wate to the Lessee <br /> if water meeting the requirements of this Lease is reasonably <br /> available to the City. In the event of a drought r other <br /> conditions, restrictions or emergency situations b yond the <br /> control of the City which limit the City' s ability to..receive or <br /> deliver all or a portion of the Leased Water to th Lessee, the <br /> City shall be -relieved of its obligations to deliv r such water <br /> under the terms of this Lease until such time as c nditions <br /> permit the City' s receipt and delivery of the Leas d Water. <br /> 10 . The Lessee shall take the Leased Water. IS and the <br /> City makes no express or implied warranties of any kind or <br /> nature, including the warranties of merchantabilit or fitness <br /> for a particular purpose, concerning the water quality of the <br /> Leased Water. <br /> 11 . In the event the Lessee wishes to assign, encumber or <br /> exchange its rights to receive all or any portion o the Leased <br /> Water pursuant to the terms of this Lease to a thir party, the <br /> City shall have the first right of refusal to reac ire said <br /> rights. In such event, Lessee shall notify the Cit in writing <br /> and shall provide the City with a copy of the sign agreement <br /> between the Lessee and the third party. The City s all have the <br /> right to reacquire the water rights within ninety ys from <br /> receipt of the notice, by informing Lessee of its i tent to <br /> exercise its first right of refusal and by paying L ssee the <br /> contract price as set forth in the agreement betwee the Lessee <br /> and the third party. If the City does not exercise its right of <br /> first refusal, the Lessee may assign or transfer it rights to a <br /> third party, and the third party shall be bound by 11 terms and <br /> conditions of this Lease, including the obligation o allow the <br /> City the first right of refusal on any transfer or ssignment of <br /> the Leased Water, it being the intent of this Lease that the <br /> City' s right of first refusal shall apply to each an every <br /> transfer of the Leased Water which may arise at any ime during <br /> the existence of this or any subsequent Lease. <br /> 12 . All notices shall be in writing and shall be deemed <br /> given if personally delivered or mailed, certified m il, return <br /> receipt requested, to the following addresses : <br /> If to City, to: y <br />