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.1i k . <br />° E <br />Agreement, and Lafayette shall thereafter be under no obligation to m e?rV?® <br />deliveries of augmentation water. d 2009 <br />WgT?R R <br />(d) Coordination of Delivery. The rate of delivery will be dependent uponT0'^? ER S <br />reclaimable return flow water supplies that are available to Lafayette on any given <br />day. Lafayette shall apprise the Water Commissioner when water is being <br />released to the stream system for Lessee's benefit. Lafayette will also keep a <br />record of the days during which water is released to Coal Creek for Lessee's <br />benefit and the total volume of water so released. The measurement of the leased <br />water shall occur at the outfall of the City of Lafayette wastewater treatment <br />facility unless substitute water supplies are utilized as provided above. Lafayette <br />shall not be responsible for the delivery of the water to Lessee, and Lessee bears <br />the responsibility of any transit losses of the water following its release at the <br />wastewater treatment plant outfall. <br />(e) Limitation on Lafayette's Obligations. Lessee acknowledges that Lafayette is <br />providing no guarantees and has made no representations about the fitness of the <br />water being leased for Lessee's needs. Neither has Lafayette suggested that <br />release of the subject water will allow Lessee to continue its sand and gravel <br />mining operations. Lessee is proceeding with this Lease solely on the basis of its <br />own investigations and discussions with the State water administration officials. <br />Lafayette's obligations are strictly limited to delivering water to the stream system <br />at the location described above, and apprising the Water Commissioner of the <br />details of the delivery. <br />(f) No Assignment of Rights. Lessee may not assign or sublease any of the water <br />described herein to third parties without the express prior written consent of <br />Lafayette. <br />(g) No Precedent Set. It is agreed and understood by Lessee that this water lease is <br />limited to the period August 1, 2009, through July 31, 2010, only, and this <br />Agreement will expire under its our terms'without further action by either party. <br />Lessee specifically agrees that it will not assert any long term rights to water from <br />Lafayette as a result of Lafayette entering into this Agreement. <br />(h) Notice. Any notice provided for herein shall be given by mail, by facsimile <br />transmission or by hand delivery as follows: <br />If intended for Lafayette: <br />City of Lafayette <br />c/o Bradley S. Dallam, P.E. <br />1290 South Public Road <br />Lafayette, CO 80026 <br />FAX: 303-665-2153 <br />E-Mail: bradd@cityoflafayette.com <br />2