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<br />termination, but shall not be required to do so. In the event of such termination, Lessee shall be <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 o Delivery r Nonpayment. In the event Lessee fails to pay for <br />augmentation water when payment is due as set 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 />b. [.ease Contingent Upon Plan_Approyal. 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. No 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 />leased hereunder is not warranted as suitable for any particular purpose. <br />8, oti e . 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 or three (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 & Son, Inc. <br />Attention: Mary Kauffman <br />808 South County Road 9E <br />Loveland, Colorado 80537 <br />9. Governing 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. Severability. In the event a court of competent jurisdiction holds any provision of <br />this lease invalid or unenforceable, such holding shall not invalidate or render unenforceable any <br />other provision of this Lease. <br />11. Headings, Paragraph headings used in this Lease are for convenience of reference <br />and shall in no way control or affect the meaning or interpretation of any provision of this Lease. <br />12. Assignability. Lessee shall not assign this Lease without the City's prior written <br />consent. <br />13. Binding Effect. 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 />Kauf nan Lease2 - GW PU612007-09. doe <br />Page 2 of 3 <br />LiS'cl 6SLZZSb£0£T:01 S%6499046T NOS I NNW. =PO 2Nir:WO84 U22-TT 9002-2-030