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. •~ ~ . <br />Annual payment Eoc the water service deacrlbed herein <br />shall be determined by the Board oC Directors of the Dietcict at a <br />per acre-Coot rate. The initial annual payment shall be made, Sn <br />Gull, within thirty (30) days otter the date al notice to the <br />Applicant that the initial payment is due. Said notice will <br />advise the Applicant, among other things, of the water delivery <br />year to vhich the initial payment shall apply snd the price vhich <br />le applicable to that year. Annual payments roc each yaec <br />theceattec shall ba due and payable by the Applicant on or helots <br />each January 1. IL an annual payment la net made by the due data, <br />written notice thereol will be sent by the Dietcict to the <br />Applicant at such address as may be designated by the Applicant in <br />writing. (It no address has been so designated in writing, then <br />said notice shall be sent to Applicant's address set Corth herein. <br />Water use Loc any Part oL a voter year shall require payment foe <br />the entire water year. Nothing heceln shall be construed so as to <br />prevent the District Lram adjusting the annual Cate !n its sole <br />discretion Lor Cutuca yeaca only. <br />It payment Sa not made within ten (10) days attar the <br />date of sold written notice, Applicant shall et Diatrict'e sole <br />option hava'no Cucthec right,-title oc Lntereat under this <br />contract vithobe Cucthec notice and delivery may b• immediately <br />cucta11ed1 and the allotment oL water, as heceln made, may be <br />tranatecred, leased, of othacviae disposed of at the dSaccatlon of <br />the Board of Dicactoca of the Dietcict. <br />7. Secucit As security to the Dietcict, the <br />Cocegolnq covenant o annual payments Ln advance of water <br />delivery, will be fully mat by annual budget and appropriation of <br />Lunde Ccom such sources of revenues as may be legally available to <br />the Applicant. Aa additional security to the District, the <br />Applicant will hold hacmleae the Dietcict and any person, <br />corporation, queer-governmental entity, or other 9ovecnmental <br />entity, Cor discontinuance Ln service due to the !allure of the <br />Applicant to maintain the payments heceln contemplated on a <br />cur cent heals. <br />Applicant agrees to defray any out-oC-pocket expenses <br />lncurced by the Dietcict in connection with the allotment o1 water <br />_ rights heraundec, including, but not limited ta, cetmbucaement oL <br />-- legal and engineering costa lncurced !n connection with any water <br />tights and adjudication necessary to allow Applicant's use of such <br />allotted water rights. <br />8. Aaal nment: This agcaement shall inure to the <br />6enetit oL the a ca, auccassoce oc assigns oL the parties hereto, <br />except that na aaalgnment shall be permitted !n the event the <br />water right allotted heraundec le to ba used Coc the 6enetlt of <br />land vhich will ha subdivided or othervieo held oc owned in <br />aepacate ovnerahip intaceata by two (Z) of mote ueaca of the water <br />tight allotted heraundes. In no avant shall the owner oC e <br />portion, but leas than all, of the Applicant's property to be <br />aervad under this contract, have any cl9hts hereunder. Any <br />aaalgnment of the Applicant's rlghta under thta contract shall ba <br />subject to, and must comply with, suc4 cequicements as the <br />Dietcict may hecaattar adopt regarding aaalgnment of contract <br />rights and the aeaumption oL contract obllgatione by aaaignaee and <br />aucceaaoce. Nothing herein shall prevent aucceaeoca to a portion <br />of Applicant's Property Crom applying to the Dietcict for <br />individual and separate allotment contracts. <br />9. Othec:RUlesr Applicant obeli ba bound by the <br />pcovieiona of t a Hater anaervancy. Act of Colocadc~ by the colas <br />and cegulatlana of the Board oL D1c6ctora of the Dlatrictr and all <br />amendments thereat and supplements thereto and by all other <br />applicable law. <br />I~O. O~eratSon and Nn1n_tan_a_ne~ A~eamant, Applicant <br />shall enter into an • Data on an a n enanca gcaemant' with the <br />Distslet under tacma and conditions determined by the Bo std of <br />Dicactoca of the Dietcict, LL and uhsn, Ch• Board of sold Olatrict <br />-D- <br />