2010-08-30_HYDROLOGY - M1977151 - Laserfiche WebLink

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05/24/2010 09:19 17193365031 R M HINER CONST CO I PAGE 04 or, If required by Lessee, doily basis. Lessee shall have the right, upon prior reasonable notice, to verify the accuracy or the measuring devices utilized by lessors- The fully consumable portion of said deliveries shall be determined by multiplying the measured deliveries by 47.5%. or by some other factor as required by the State Engineer. 4. Tenn. The term of this agreement shall be from the date of execution of this Agreement until October 31, 2010. Upon expiration of this Agreement, Lessee shall have the right to negotiate terms for extending the tease for another year. 5. Use. Lessee shalt be entitled to use the Graham Ditch Water Leased pursuant to this agreement for any and all beneficial uses. including, but not limited to, fully consumable augmentation and replacement. 0. Approval. Lessee shall have the right, at its sole 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 term of this Agreement. Lessor shall not oppose Lessee'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 ReomentatiQns. 7.1 j eoendent Inv anon a±td Review. Lessee acknowledges that it has investigated, obtained and reviewed to its satisfaction whatever Information or documents 4 deemed necessary which relate to or affect the yield and operation of the Graham Ditch and its use of Graham Ditch Water, and K enters into this Agreement based so* 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 prof uses with respect to the yield to lessee or suitability of the Graham Ditch Water for Lessee's purposes. 7.2 Full Authority. The undersigned represent that they have full authority to order Into this Agreement on behalf of the respective parties. The paNes have taken all actions required and secured the necessary approvals to enter into this Agreement. a. Assionabilitq. This Agreement shall be binding upon and inure to the benefit of the Lessor and Lessee and their respective successors and assigns. 9. Entirg AQreemglt(. 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. modification or amendment of this Agreement shall be binding unless executed in writing by the parties- No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in an instrument delivered pursuant to this Agreement. 10. Defauy Rmmedies_ A default shall be deemed to have occurred If either party breaches its obligations hereunder and falls to cure such breach within 30 days of written notice from the non- breaching party specifying the breach. Waiver or failure to give notice of a particular derauft.or defaults . shall not be construed as condoning or acquiescing to any continuing or subsequent default. In addition to other legal remedies available to it, including specific performance and damages, the non-breaching party shall also have the right to cancel the Agreement for noncompliance with any provision hereunder by giving written notice of cancellation; provided that such party has previously given the other party written notice of such noncompliance and the other party has not cured such noncompliance. 11. Enforcemetn. This Agreement shalt be construed and governed in accordance with the laws of the State of Colorado, and shalt be deemed performable in Weld County, Colorado. This Agreement may 2of3 Received Time May.24. 2010 9:14AM No.2702