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change at least thirty days prior to the start of the new five <br />year period. In the event the Lessee does not require the <br />delivery of any of the Leased Water in a given year, there shall <br />be no administrative costs charged. The City shall invoice the <br />Lessee for the annual administrative costs in January of each <br />year and Lessee shall pay said costs within thirty days of the <br />invoice date. In the event the Lessee shall fail to pay its <br />accrued administrative costs in any year, the City shall have the <br />right, in addition to any other legal or equitable remedies it <br />may have, to refuse to deliver the Leased Water until such time <br />as all accrued administrative fees have been paid in full. <br />8. At the option of the City, delivery of the Leased Water <br />shall be made at'the City's Waste Water Treatment Plant, 700 <br />South Boise Avenue, Loveland, CO, or at such other downstream <br />location or locations above the Lessee's original point of need <br />as agreed by and between, the Lessee and City in writing. Lessee <br />shall not unreasonably withhold its approval.of any request by <br />the City to move the point of delivery. <br />9. Subject to the provisions of. paragraph 5, the City <br />shall only be obligated to deliver the Leased Water to the Lessee <br />if water meeting the requirements of this Lease is reasonably <br />available to the City. In the event of a drought or other <br />conditions, restrictions or emergency situations beyond the <br />control of the City which limit the City's ability to receive or <br />deliver all or a portion of the Leased water to the Lessee, the <br />City shall be relieved of its obligations to deliver such water <br />under the terms of this Lease until such time as conditions <br />permit the City's receipt and delivery of the Leased Water. <br />10. The Lessee shall take the Leased Water AS IS and the <br />City makes no express or implied warranties of any kind or <br />nature, including the warranties of merchantability or fitness <br />for a particular purpose, concerning the water quality of the <br />Leased Water. <br />11. In the event the Lessee wishes to assign, encumber or <br />exchange its rights to receive all or any portion of the Leased <br />Water not already used to satisfy a temporary substitute supply <br />plan or permanent augmentation decree to a third party, the City <br />shall have the first right of refusal to reacquire said rights. <br />In such event, Lessee shall notify the City in writing and shall <br />provide the City with a copy of the signed agreement between the <br />Lessee and the third party. The City shall have the right to <br />reacquire the water rights within ninety days from receipt of the <br />notice, by informing Lessee of its intent to exercise its first <br />