2008-11-24_PERMIT FILE - C1996083A ‎(12)‎

• Permit No: C1996083A
• IBM Index Class Name: Permit File
• Doc Date: 11/24/2008
• Section_Exhibit Name: Volume III Exhibit 02 Water Augmentation
• Media Type: D
• Archive: Yes

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6, No#ices. All notices or other co~nmunicatians required or permitted under this
Lease shall be in writing, and shall be personally delivered or sent by facsimile
telecommunication or by certified mail, postage prepaid, return receipt requested,
addressed #o the parties at their respective addresses set forth below. Such notice or other
conunur4ication shall be deemed given (i) upon receipt if personally delivered, (ii) upon
sending if delivered by facsimile telecommunication, so long as the sending party is able
to provide facsinule machine-generated confirmation of comple#ion of
transmission, or {iii) two business days after mailing if by certified mall. Notice of
change of address shall be given by written notice in the manner detailed above.
BOWIE: Bowie Resources, LLC
Attention: Bill Bear
P.O. Box 1488
FaAnia, CO 81428
Fax No.:970-929-5256
LESSOR: Overland Water Ranchers LLC
27497 Buffalo Road
Hotchkiss, CO 81419
Fax moo.: 97U-835-7601
7. The Lessor warrants that it will maintain 11U(f shares of Overland Water
committed under this contract and that the Lessor of said ~+ater shall own and have
control of said water so as to have the ability to commit the share under this contract.
8.1Vliscellaneous Provisions.
A. This Lease shall be binding upon the parties hereto, their heirs, successors
and assigns. Bowie shall not sublease the Overland Shares, nor assign all or a portion of
this Lease, without the prior written consent of the Lessor.
B. If it is necessary for either party to enforce this Lease ar exercise any of
the rights or remedies provided in this Lease, the prevailing ~or non-breaching party shall
be entitled to collect from the other parry all reasonable costs incurred thereby, including
without limitation attorneys' fees, court casts, service of process fees, and witness
expenses, regardless of whether actual litigation or court proceedings are involved.
C. Time is of the essence in all provisions of this Lease.
D. This Lease shall be governed under, and constrwed puxsuant to, the laws of
the State of Colorado. The parties agree that venue and ~!urisdiction for any dispute
related to the obligations of any party to this Lease shall be in 1}elta County, Colorado.
E. This Lease shall be modified by writing only, which writing must be
executed by the parties hereto in order to be effective.
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