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$2,000.00 permonth shall be due on or before the first day ofeach month. If this License Agreement <br />continues in place after January 1, 2003, the monthly license fee shall be adjusted on said date and <br />each January L" thereafter. The amount of the adjustment shall be any annual percentage increase <br />in the Consumer Price Index that is in effect at said adjustment date, over the same Consumer Price <br />, Index that was in effect for the corresdonding month of the prior year. "Consumer Price Index" <br />means the index for the Colorado Springs and Denver area now known as the United States Bureau <br />of Labor Statistics Consumer Price Index for Urban Wage Earners and Clerical Workers, all items <br />(1982-84 =100). The monthly license fee will be reduced if under Paragraph 2 hereof the Licensee <br />removes any permitted equipment or facilities to accommodate Licensoe's other future uses such as <br />gravel mining and water storagt!e The amount ofthe reduction will be determined by the percentage <br />decrease in the azea of the Premises actually used by Licensee or its permitted equipment and <br />facilities. <br />Failure to pay any patticulaz monthly license fee within ten (10) days after its due date will <br />give Licensor the right to declare an event of default, notice of which shall be made in writing and <br />delivered as provided in Section VII of the License Agreement, as amended by this Amendment. <br />Upon receipt of anynotice of default, Licensee shall have a right to cure within thirty (30) days. The <br />Licensor may declaze a default under the License Agreement for nonpayment only if Licensee fails <br />to cure the default within thirty (30) days after receipt of notice of default. <br />5. ond. Section VIII of the License Agreement is amended to contain the following <br />additional paragraph 4: <br />The amount of the bond shall be increased to $10,000 on June 30, 2002. The bond shall be <br />increased over time as necessary to ensure for each year that this Agreement is in place that <br />the amount of the bond is sufficient for the purposes of Section VIII. The amount of the <br />bond is for the. assurance of the physical removal of Licensee's casings, pumps and <br />equipment, other than pipelines, and is not to be construed as defining the extent of <br />Licensee's liabilities or responsibilities under this Agreement and, therefore, will not be <br />construed as a limitation of liability. <br />6. Environmental Evaluation. The License Agreement shall now contain a Section <br />XI stating the following: <br />The. parties have agreed upon a pipeline design consisting of a double pipeline (i.e., a <br />pipeline within a pipeline) and an automated leak detection system. This design is <br />anticipated to prevent any leakage of extracted ground water to the environment. Any leaks <br />of extracted ground water from the inner pipe will be carried by the outer pipe to manholes <br />where they will trigger automated leak detection sensors and alert Licensee to the leak. <br />Licensee agrees to promptly identify the location of the leak and repair it diligently after <br />discovery. In addition, upon temtination of this License Agreement, Licensee shall, at its <br />expense, have a qualified and independent environmental consultant reasonably acceptable <br />to Licensor sample soil two feet below the location of any leaks and the manhole in which <br />3 <br />