2010-08-17_HYDROLOGY - M1989120 - Laserfiche WebLink

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or, if required by Lessee, daily bash. Lessee shall have the right, upon prior reasonable notice, to verify the accuracy of the measuring devices utilized by Lessors. The fully consumable portion of said deliveries shall be determined by multiplying the measured deliveries by 47.596, or by some other factor as required by the State Engineer. 4. I=. The term of this agreement shall be from the date of execution of this Agreement unify October 31, 2010. Upon expiration of this AgreemeM, Lessee shall have the right to negotiate terms for extending the lease for another year. 5, tK. Lessee shall be entitled to use the Graham Ditch Water Leased pursuant to this agreement for any and all benefkial uses, including, but not limited to, fully consumable augmentation and replacement. 8. Approval. Lessee shall have the right, at its sob cost and expense, to seek and obtain State Engineer approval of a SWSP, using the Graham Ditch Water as a source of augmentation or replacement water, during the tern of this Agreement. Lessor shall not oppose t essee's'SWSP and shall fully cooperate with Lessee In connection with the request(s) by providing such information and assistance as is reasonable requested by Lessee, Its water rights counsel, Its engineering consultants or the Division Engineer. 7. Warranties and Representations. 7.1 Independent Investioation and Review. Lessee acknowledges that it has . investigated, obtained and reviewed to its satisfaction whatever information or documents it deemed necessary which relate to or affect the yield and operation of the Graham Dltdn and its use of Graham Ditch Water, and it enters Into this Agreement based solely in reliance upon its own investigation as to the yield and suitability of the Graham Ditch Water for Its purposes. Lessor makes no representations, warranties, agreements or promises with rasped to the yield to lessee or suitability of the Graham Ditch Water for Lessee's purposes. 72 Full Authontty. The undenntgned represent that they have full authority to enter Into this Agreement on behalf of the respective parties. The parties have taken all actions required and secured the necessary approvals to enter Into this Agreement. 8. Asslanabli. This Agreement shall be binding upon and inure to the benefit of the Lessor and Lessee and their respective successors and assigns. 9. Entire AgreemeriL This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modM n Horn or amendment of this Agreement shall be binding unless executed in writing by the panties. No representations or, warranties whatever are made by any party to this Agreement except as speciftelly set forth M this Agreement or In an Instrument delivered pursuant to fhb Agreement. 10. Dofad$ . A default shall be deemed to have occurred 9 eMm party breaches its obligations hereunder and fob to cure such breach within 30 days of written notice from the non- breaching party specrying the breach. Waller or failure to give notice of a particular default or defaults shall not be construed as condoning or acquiescing to any continuing or subsequent default. In addition to other ftd remedies available to it. kxk dirlg spe ift performance and damages, the nontraaching party shalt also have the right to coral the Agreernent for norncompYanoe with any provision hereunder by giving written sn such n of cancellation; we and the other party has party has previoudy given cured such the other f ? written notice 11. Ems. This Agnwment shall be construed and govemed in accordance with the laws of the State of Colorado, and shalt be deemed performable in Weld County, Colorado. This Agreement may 2of3