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12. During the term of this Lease, Westminster may, but is not required, seek to change <br />the use of the BDC Shares to municipal uses. AI agrees that it will not oppose, but will cooperate <br />with the City, any actions filed in the water court or administrative or other proceedings for approval <br />of the City's request for a change of use of the BDC Shares, including, but not limited to, an <br />application involving a change of water right, alternate point of diversion, appropriative rights of <br />exchange or other water court applications involving the BDC shares. <br />13. The terms of this Water Lease shall be binding on any successors and assigns, subject <br />to the following additional provision. Notwithstanding the provisions of this paragraph and <br />paragraph 6, above, Westminster may terminate this lease upon sale of the BDC Shares to a third <br />party. In such circumstances, Westminster will make a good faith effort to replace the amount and <br />timing of the consumptive use yield associated with the BDC Shares with alternate sources of fully <br />consumable water acceptable to AI during what would have been the remaining term of this lease <br />under paragraph 6, above. <br />14. This Water Lease constitutes the entire agreement between Westminster and AI <br />concerning the provision of water by Westminster to AI derived from the BDC Shares, and all prior <br />negotiations, representations, writings, understandings, or agreements pertaining to the provision of <br />water by Westminster to AI derived from the BDC Shares are superseded by this Water Lease. <br />15. If any covenant, term, condition, or provision of this Water Lease shall for any reason <br />be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, tern, <br />condition, or provision shall not affect any other provision contained in this Water Lease. The <br />intention of Westminster and AI is that all provisions hereof are severable. <br />CITY OF WESTMINSTER <br />Attest: <br />Nan McN , Mayor <br />4 <br />Approved as to Legal Form: <br />City Attorney's Office <br />