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NOW THEREFORE, in consideration of the mutual promises and covenants of the <br />Parties hereto, it is agreed as follows: <br />1. Platte River will lease to Lafarge a portion of its current balance in Fossil Creek <br />Reservoir, a quantity of approximately 2.4 acre feet in November 2010, 8.7 acre feet <br />in March 2011, 29.8 acre feet in April 2011, and 1.3 acre feet in November 2011 for a <br />total of 42.2 acre feet of reusable water, to be delivered from Fossil Creek Reservoir. <br />This release will be coordinated by the Poudre River Water Commissioner with <br />review and concurrence by North Poudre. The Poudre River Water Commissioner <br />will determine the actual amount of water presently held by Platte River in the <br />Fossil Creek Reservoir that is delivered to Lafarge and payment will be made on <br />the actual amount delivered. <br />2. The water leased to Lafarge is for the exclusive use by Lafarge and shall not be <br />leased or conveyed to others except by written permission from Platte River. <br />3. The cost of the lease water shall be $119 (ONE HUNDRED NINETEEN DOLLARS) <br />per acre-foot. Payment will be made by Lafarge thirty (30) days from the date of <br />billing. This payment shall be nonrefundable and is not contingent upon Lafarge's <br />actual usage of the water. <br />4. The Delivery Point of the water leased to Lafarge shall be the outlet of Fossil Creek <br />Reservoir. Lafarge shall bear any losses associated with conveyance of the water <br />from the Delivery Point to any location where Lafarge may use the water. All <br />releases from Fossil Creek Reservoir are subject to weather conditions. <br />5. Platte River makes no warranties concerning the quality of the leased water nor the <br />purposes for which the leased water is suitable. <br />b. This instrument represents the complete agreement of the Parties and no oral <br />modification shall be recognized. Any amendments or additions shall be in <br />writing. <br />7. The terms and provisions of this lease are binding upon the Parties, their <br />successors and assigns. <br />8. The Water Lease shall be effective upon the date shown below. <br />DATED this K day of November, 2010. <br />PLATTE RIVER POWER AUTHORITY LAFARGE WEST, INC. <br />By: By: u -G <br />General Manager <br />