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9. Cooley shall have the right to an action for <br />specific performance, but not for damages, if Centennial is ever in <br />default on its obligations described herein. Cooley acknowledges <br />that the water available to Centennial is dependent on sources from <br />which the supply is variable in time and quantity and which are, to <br />some extent, beyond the control of Centennial. Cooley-agrees that <br />Centennial shall not be considered to be in default on its <br />obligations described herein as a result of unavailability. of <br />Centennial's water supply due to inadequate runoff or other <br />occurrences beyond the reasonable control of Centennial. <br />Centennial will make a reasonable attempt to notify Cooley in <br />advance of any interruptions in delivery. <br />10. Cooley may terminate this lease agreement at any <br />time by delivering written notice to Centennial. Upon delivery of <br />such notice, this lease agreement, shall be terminated.' Such <br />termination of this lease agreement shall not affect the validity <br />of Centennial's ownership interest in the Nevada Ditch shares <br />previously owned by Cooley described in paragraph 1. However, if <br />Centennial's title to any part of sa,.d Nevada Ditch shares is ever <br />defeated by the claim of a third party based upon acts or omissions <br />attributable to Cooley while Cooley was an owner of said -Nevada <br />Ditch shares, then this lease shall terminate at Centennial's <br />option, provided Centennial gives Cooley a reasonable opportunity <br />to cure the title.defect before-Centennial notifies Cooley of such <br />termination. <br />11. All notices provided for in this lease agreement <br />shall be' in -writing, and shall be deemed properly given and <br />received three (3) days after being mailed, if sent by certified or <br />registered United States Mail-, postage prepaid, addressed to a <br />party at its address set forth at the beginning of this lease <br />agreement or such other address as a party may desicnate by written <br />notice to the other party. <br />12. Neither party to this lease agreement may assign its <br />rights and obligations under this lease agreement without obtaining <br />the express written consent of the other party. Subject to the <br />foregoing, the terms provisions of this lease agreement shall <br />be binding upon and inure to the benefit of Centennial and Cooley, <br />and their successors and assigns. <br />13. This Agreement represents the entire agreement <br />between the parties and there are no oral or collateral agreements <br />or understandings. This Agreement may be amended only by an <br />instrument in writing signed by the parties. <br />4 <br />