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5. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred <br />dollars ($300.00) per acre -foot of Fully Reusable Water delivered under this Agreement as <br />described above. The cost per acre foot will be adjusted annually in accordance with the Denver <br />— Boulder — Greeley CPI (All Urban Consumers). <br />6. Payment. On the first day of September in each year, Aurora shall bill Lessee for <br />the As Available delivery amount, based on the number of acre -feet of requested by Lessee in <br />the most recently submitted Delivery Schedule. All billing shall be done on such forms as <br />designated by Aurora for that purpose. Payment by Lessee shall be due no later than forty -five <br />(45) days after such bill has been issued. If Lessee does not make the required payment by the <br />due date, Aurora may provide a notice of default. If Lessee does not cure the default by making <br />full payment within thirty (30) days of receipt of any notice of default, then Aurora, in addition <br />to pursuing any other remedies available to it, may withhold delivery of the Reclaimed <br />Wastewater until Lessee makes payment for all past due administrative charges. <br />7. No Rights Conferred. Except as otherwise provided in this Agreement, the <br />parties acknowledge that all Fully Reusable Water leased hereunder is intended for the present <br />and future use of Aurora. It is further understood and agreed to by the parties that this <br />Agreement shall confer no rights in such Fully Reusable Water upon Lessee, nor shall any future <br />needs of Lessee for water enable Lessee to make claim against Aurora for any of Aurora's Fully <br />Reusable Water, other water or water rights. Lessee further acknowledges the statutory <br />prohibition against vesting of a right fora continued lease expressed in CRS § 31 -35 -201 applies <br />in these circumstances. <br />8. Use of Leased Fully Reusable Water. Lessee shall have the right to use the <br />Fully Reusable Water leased under this Agreement for augmentation purposes within Water <br />Division 1, Water Commissioner District 2. <br />9. Effective Date. This Agreement shall be in full force and effect from the date of <br />its execution, following approval by Aurora. <br />10. Aurora Right to Withold Delivery. The parties hereto acknowledge that <br />hydrologic and other conditions may exist wherein Lessee may not need all or a portion of the <br />Fully Reusable Water flow available to it under this Agreement. Aurora may contact Lessee, not <br />more frequently than once per day, to determine if any of the Fully Reusable Water leased <br />hereunder will not be needed. If Lessee will not need the Fully Reusable Water, Aurora, at its <br />option, may choose not to deliver the water to the delivery points and /or may use the same for <br />any purpose. If Aurora withholds delivery of water pursuant to this paragraph, Lessee shall be <br />entitled to a credit or repayment in water or in money for the water withheld. <br />11. Entire Agreement of the Parties. This writing constitutes the entire Agreement <br />between the parties and supersedes all prior written or oral agreements, negotiations, <br />representations, and understandings of the parties with respect to the subject matter contained <br />herein. <br />3 <br />BestWayLease <br />