2011-06-23_HYDROLOGY - M1977151 - Laserfiche WebLink

Home Browse Search

03/17/2011 08:11 17193365031 R M NNER CONST co 1 PAGE 03 Marie. 20 B:34AM k3.3605 P. 3 y . or, if required by Louse, daily bests. Lessee shad have the right, upon prior reasonable notice, to verity the sunray of the measuring device` utilized by Lessors. The My consumable portion of said deliveries shall be detemdnad by.mullipiyinp the meamired deliveries by 47.65, or by eome other factor as required by the state Engineer. • 4, Ion The term ends agreement shall be from the date of execution of this Agreement ore clobber 31, 2011. Upon orplunien el this Agreement, Lessee chap have the right to flagellate terms for extending the teeee another year. 6 fig. Leadee ehall be entitled to use the Graham Ditch Water Leaved pursuant to this agreement for any and elf beneficial wee, Including, but not (trilled to, rutty consumable augmentation end replacement. Received Tine Mar. 17. 2011 8:15AM No.3608 6. Apprgval. Levees shall have the dght, at its sole cost and expense, to seek and obtain State t nptneer approve[ of a SWOP, using the Graham Ditch Water u a source of augmentation or repiaoemeni water, duthtg the tem or role Agreement, tbeeor shalt not oppose Lessee's SWSP and shed fully cooperate with Lessee In connection with the request(s) by providing such Wnfomtnatlon and assietanee as is tsnosonable relented by Lean, Its water rights counsel, its engtneedng consultants or the Ctv'alon Engineer. 7 . Nurannea and Rapt 0nlattons. 7,1 indhppnGentlevettlaslion and Review, Lessee acknowledges that It hoe Investigated, obtained and reviewed to its eatisractton whatever Information or documents it deemed necessary whlah relate to or affect the yield and operetton 01 the Graham Ditch and its use or Graham Ditch Witter, and it enters Into this Agreement booed solely In (dance upon its own Investigation ear to the yield and suitability of the Graham Ditch Merlons purposes. Lessor makes no representations, warranties, eareememtts or promlees with respect to the yield to lessee yr suitability of the Graham DItob Water fbr Lessee's purposes. 7.2 Pull Authorpt. The undersigned represent that they have full authority to enter Into this Agreement on behalf of the respective parties, The parties have taken all ecttons required and secured the necessary approvais to enterinto ihle Agreement. 4. p eongnabillty. ThleAgreement shall ha binding upon and Inure to the benefit erne Lessor and Lessee and their reepeollve evcooaeore end assigns. 9. Emirs Agreement, This Agreement constitutes the entire enrsernent between the parties and eupsrsedes ail ether prior end contemporaneous agreements, representation*, and understandings or the parties regarding the aubieot matter 0? Ide Agreement. No supplement, moolnoation or amendment of this Agreement sherd be binding unless mooted fn writing by the parties. No representations or warranties whatever are made by any party to this Agreement except es specifically set forth to this Agreement or 1n an lnstrement deliveree pursuant to this Agreement. 10. Default Roma& Adsfaul shad be deemed to have oaourred Wither partybreeohes tta obligations hereunder and tails locum such breech within 30 days of written notes from the non• breaching party specifying the breech. Waiver Wafture to give notice of a psrtleular default or defaults shag not be construed as condoning oraoqulesdng to any continuing or subsequent default. In addition to otherlegel remedies available to it, Induding speak: performance and damson, the non - breaching party shalt also have the right to cancel the Agreement for noncompliance with any provision hereunder by diving written notice of canceuetton; provided that such party has previously given tiie other party written notloe clean noncompliance and the other party hue not cured such noncompliance.. 11. Elopement, Tis Aggreement shall be construed end governed in accordance with the taws of the State of Colorado, end shall be deemed perrormable in Weld County, Colorado. This Agreement may 20f3