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each successive one year extension of the Term under paragraph 2, above. If Pioneer wishes to <br />change the delivery schedule provided to Broomfield, Pioneer shall notify Broomfield at least thirty <br />(30) days prior to the requested delivery of water pursuant to any revised delivery schedule. <br />5. Requests for additional water (subiect to availability). During the Term, Pioneer may <br />request in writing from Broomfield additional Lease Water for operation of its batch plant in excess <br />ofthe 20.70 acre -feet in paragraph 2, above. Such written request shall be made in writing furnished <br />to Broomfield at least 30 days before the first date for which said additional Lease Water is <br />requested. To the extent Broomfield, in its sole discretion, determines that Broomfield has water <br />available for which a request is made by Pioneer, Broomfield agrees to deliver additional water to <br />Pioneer upon payment to Broomfield of $300.00 per acre -foot, plus the percentage change between <br />August 1, 2007 and July 1, 2010 in the Consumer Price Index for Denver - Boulder- Greeley, Colorado <br />- All Urban Consumers, and increased by the percentage change between August 1, 2007 and the <br />July 1 prior to September 1 of each successive one year extension of the Term under paragraph 2, <br />above, in the Consumer Price Index for Denver- Boulder - Greeley, Colorado- All Urban Consumers. <br />Payment by Pioneer shall be included with Pioneer's written request for additional Lease Water. <br />If Broomfield determines no additional Lease Water is available, said payment shall be returned by <br />Broomfield to Pioneer. <br />6. Approvals. Pioneer shall be responsible for obtaining any necessary approvals for the use <br />by Pioneer under this Lease ofthe Leased Premises from the Northern Colorado Water Conservancy <br />District and any of its Subdistricts, the Division Engineer, the Water Commissioner, the Colorado <br />State Engineer, and /or the Water Court for Division No. 1. Pioneer shall be solely responsible for <br />obtaining any water court decrees for any plans of augmentation or exchange, or both, and /or for <br />obtaining any substitute water supply plan approvals from the Colorado State Engineer needed to <br />make use of the water leased under this Lease. Pioneer shall bear its costs of obtaining the approvals <br />and decrees described in this paragraph. Should Broomfield intervene or otherwise participate in <br />any proceedings necessary to obtain approvals and decrees described in this paragraph, Broomfield <br />will bear its own expenses incurred in doing so. <br />7. No adverse Legal Position. Pioneer agrees that, during the term of this Lease, it will not <br />take a legal position adverse to Broomfield in connection with the operation and administration of <br />Broomfield's water rights, including, but not limited to, the water rights associated herewith, except <br />as may be necessary to enforce the terms of this Lease. Broomfield agrees that, during the term of <br />this Lease, it will not take any legal position adverse to Pioneer in connection with Pioneer's <br />application for approval of an augmentation plan or substitute water supply plan using the Leased <br />Water. <br />8. No Assignment, Pioneer shall not assign or sublet this Lease or any interest therein <br />without prior written consent of Broomfield, and, absent such written consent, any attempted <br />assignment or sublease shall be nuII and void. <br />Page 2 of 5 <br />