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Reclaimed Wastewater from the South Platte River (if any) and Lessee's use of the Reclaimed <br />Wastewater. In addition to the report requirements set forth in Section 3(b) above, Aurora will <br />provide any and all reporting and accounting required by the Colorado State Engineer, the <br />Division 1 Engineer, or any other lawful authority concerning proof of the reusability of the <br />Reclaimed Wastewater and conveyance of the Reclaimed Wastewater to the Delivery Point(s). <br />7. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred dollars <br />($300.00) per acre -foot ( "Unit Rate ") of Reclaimed Wastewater delivered under this Agreement. <br />The Unit Rate shall remain constant throughout the term of this Agreement. <br />8. Payment. Aurora shall bill Lessee for all effluent it will deliver during 2011, as shown <br />on the Delivery Schedule, within 30 business days of the Effective Date. On the second day of <br />January, 2012 and on each succeeding January 2 until 2015, Aurora shall bill Lessee for all <br />effluent it will deliver to Lessee during that calendar year (the "Lease Year ") of the Agreement <br />as set forth in the Delivery Schedule. All billing shall be done on such forms as designated by <br />Aurora for that purpose. Payment by Lessee shall be due no later than forty -five (45) days after <br />such bill has been issued. If Lessee does not make the required payment by the due date, Aurora <br />may give Lessee a notice of default. If Lessee does not cure the default by making full payment <br />within thirty (30) days of receipt of any notice of default, then Aurora, in addition to pursuing <br />any other remedies available to it, may declare this Agreement terminated. <br />9. Non - Assignability and No Subleases. Neither Aurora nor Lessee may assign its rights <br />or delegate its duties hereunder without the prior written consent of the other party. Lessee may <br />not sublease the Reclaimed Wastewater to which it is entitled pursuant to this Agreement without <br />the permission of Aurora, which permission Aurora may grant or withhold at its discretion. <br />10. Successors and Assigns. This Agreement and the rights and obligations created hereby <br />shall be binding upon and inure to the benefit of the parties hereto and their respective successors <br />and assigns if any are allowed. The parties intend that Aurora shall not incur any liability other <br />than those liabilities directly running to Aurora or assigns permitted under this Agreement if any. <br />Lessee therefore covenants and agrees to indemnify, save and hold harmless Aurora from all <br />liability, cost or expense of any kind, including Aurora's costs of defense, to any other party, <br />arising in connection with or relating in any way to the execution, delivery or performance of <br />any allowed assignment or any related document by the parties thereto or to the consummation <br />of any transaction in connection with such documents. <br />11. No Rights Conferred. Except as otherwise provided in this Agreement, the parties <br />acknowledge that all Reclaimed Wastewater leased hereunder is intended for the present and <br />future use of Aurora. It is further understood and agreed to by the parties that this Agreement <br />shall confer no rights in such Reclaimed Wastewater upon Lessee, nor shall any future needs of <br />Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Reclaimed <br />Wastewater, other water or water rights. Lessee further acknowledges the statutory prohibition <br />against vesting of a right for a continued lease expressed in CRS § 31 -35 -201 applies in these <br />circumstances. <br />12. Failure to Perform Due to Force Maieure. Subject to the terms and conditions in this <br />Paragraph, no party to this Agreement shall be liable for any delay or failure to perform under <br />9411\310 \1539008.1 <br />4 <br />