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NOW THEREFORE, in consideration of the mutual promises and covenants of the <br />Parties hereto, it is agreed as follows: <br />1. Platte River will lease to Lafarge for its Middle Poudre SWSP a portion of its <br />current balance in Fossil Creek Reservoir, a quantity of approximately 3.0 acre feet <br />in November 2012, 4.0 acre feet in December 2012, for a total of 7.0 acre feet of <br />reusable water, to be delivered from Fossil Creek Reservoir. This release will be <br />coordinated by the Poudre River Water Conunissioner with review and <br />concurrence by North Poudre. The Poudre River Water Commissioner will <br />determine the actual amount of water presently held by Platte River m the Fossil <br />Creek Reservoir that is delivered to Lafarge and payment will be made on the <br />actual amount delivered. <br />2. The water leased to Lafarge is for the exclusive use by Lafarge and shall not be <br />leased or conveyed to others except by written permission from Platte River. <br />3. The cost of the lease water shall be $300 (THREE HUNDRED DOLLARS) per acre - <br />foot. Payment will be made by Lafarge thirty (30) days from the date of billing. <br />This payment shall be nonrefiuidable and is not contingent upon Lafarge's actual <br />usage of the water, <br />4. The Delivery Point of the water leased to Lafarge shall be the outlet of Fossil Creek <br />Reservoir. Lafarge shall bear any losses associated with conveyance of the water <br />from the Delivery Point to any location where Lafarge may use the water. All <br />releases from Fossil Creek Reservoir are subject to weather conditions. <br />5. Platte River makes no warranties concerning the quality of the leased water nor the <br />purposes for which the leased water is suitable. <br />6. This instrument represents the complete agreement of the Parties and no oral <br />modification shall be recognized. Any amendments or additions shall be in <br />writing. <br />7. The terms and provisions of this lease are binding upon the Parties, their <br />successors and assigns. <br />8. The Water Lease shall be effective upon the date shown below. <br />DATED this ti day of November, 2011. <br />PLATTE RIVER POWER AUTHORITY <br />By: <br />General Manager <br />LAFARGE WEST, INC, <br />By: <br />