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2. Deliveries. <br />2.1. Point of delivery. Longmont shall, at its sole discretion, deliver the <br />Subject Water at either (hereinafter the "Delivery Point "):. (1) the outfall of Longmont's <br />municipal wastewater treatment plant, presently located in the SE% NW' of Section 11, T2N, <br />R69W of the 6 P.M., Boulder County, Colorado, or (2) the confluence of Spring Gulch and the <br />Saint Vrain Creek, presently located in the SE1 /4 of Section 7, T2N, R68W of the 6 P.M., Weld <br />County, Colorado. Customer shall bear any losses associated with conveyance of the Subject <br />Water from the Delivery Point to any location where Customer may use the Subject Water. <br />Longmont shall be responsible for all losses and/or return obligations associated with delivery of <br />the Subject Water to the Delivery Point. <br />2.2. Timing of deliveries. The Subject Water shall be delivered based upon the <br />following schedule: <br />Month Year Ac -Ft <br />November 2011 3.27 <br />December 2011 2.20 <br />January 2012 1.60 <br />February 2012 1.36 <br />March 2012 1.34 <br />April 2012 1.10 <br />September 2012 1.16 <br />October 2012 3.97 <br />Total 16.00 <br />2.3. Accounting. Longmont shall maintain an accounting of all deliveries of <br />the Subject Water to Customer, and shall provide monthly copies of such accounting to <br />Customer upon request. <br />3. Use of Subject Water. Customer shall use the Subject Water for the purpose of <br />operating a Temporary Substitute Water Supply Plan at their Nelson Mining Resource located in <br />Section 31, Township 3 North, Range 67 West, in Weld County, CO (the "Property"). No change <br />of Longmont's water rights shall be applied for or reviewed as part of such use. Customer shall <br />be responsible for obtaining all necessary authorizations, approvals, decrees, and/or permits from <br />any and all private entities, and local, state, and federal agencies, as may be required to effectuate <br />use of the Subject Water by Customer pursuant to this Agreement. If requested, Customer <br />shall provide copies of any such authorizations, approvals, and permits to Longmont. <br />4. Rate. Customer agrees to pay Longmont $11111111 per acre - foot. The total price <br />for the 16.0 acre -feet of Subject Water is swim Payment to Longmont of $his due <br />upon execution of this Agreement; such payment shall be nonrefundable and not contingent upon <br />L:IFRIEDLAN\My Documents L \Water- Wastewater\Asphalt Specialties Short Term WSA 2011- 12.docl0/28/1110/28/11 <br />Page 2 of 7 <br />