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whether the Subject Water is actually diverted or used by Customer, so tong as Longmont delivered the Subject Water based upon the schedule in paragraph 2 above. 5. Terns. The term of this Agreement shall begin at time of execution of this Agreement and payment to Longmont of the Rate as outlined in Paragraph 4, and shall end on October 31, 2012. 6. Untreated water. The water delivered to Customer under this Agreement is untreated or non- potable water of whatever quality that is now or in the future available from the sources specified herein. Delivery of non - potable water under this Agreement will be on an "as is" basis only, and Longmont does not warrant the quality of the Subject Water or the suitability of the Subject Water for any particular purpose. Customer shall not make any claim against Longmont arising from the quality of water delivered, and Longmont shall have no treatment responsibility for the Subject Water made available under this Agreement. 7. Indemnification. Customer shall bear all responsibility for its use of the Subject Water provided under this Agreement, together with the costs associated therewith. Customer shall defend, indenmify and hold harmless Longmont from and against any and all damages, claims, losses, obligations, other costs, and other liabilities arising out of Customer's use of the Subject Water provided under this Agreement. 8. Transfer and assignment. This Agreement, and the right to use the Subject Water, may not be transferred, assigned, subleased or otherwise conveyed by Customer for use at locations other than the Property without the prior written consent of Longmont. 9. Water Conservation. Customer agrees to implement or continue reasonable Best Management Practices ( "BMP ") for water conservation during the term of this Agreement. This subparagraph shall not be construed to require any specific BMP, but shall broadly be held to encourage reasonable, cost effective efforts to conserve water used by Customer both under this agreement and for base water supplies used by Customer. Procedures and application processes for this subparagraph shall be as outlined in the City's annual Water Supply and Drought Management Plan. 10. Integration. This instrument embodies the whole agreement of the Parties with respect to the subject matter contained herein. This Agreement shall supersede all previous communications, representations, or agreements, whether verbal or written, between the Parties hereto. There shall be no modification of this Agreement nor waiver of any of its provisions except upon mutual agreement of the Parties expressed in writing, executed with the same formalities as this instrument. 11. Default: Remedies. A default shall be deemed to have occurred if either Party breaches its obligations hereunder and fails-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 default or defaults shall not be construed as condoning or acquiescing to any L:\ RIEDLAN1My Documents UWater- Wastewater\Asphalt Specialties Short Term WSA 2011- 12.doc10 /28/1110/28/1 1 Page 3 of 7