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d. The City will submit a bill to the Lessee for all water replaced to the Big <br />Thompson River, in accordance with this Lease. <br />e. Lessee shall pay said amount to the City within thirty (30) days of <br />receiving the City's bill. <br />4. Termination by City. In the event the City has an urgent need for water, as <br />determined in the sole discretion of the City, for reasons including, but not limited to, drought, <br />the City may terminate this Lease. The City will endeavor to give Lessee thirty (30) days notice <br />of such termination, but shall not be required to do so. In the event of such termination, Lessee <br />shall be liable to pay the City for augnentation water received to the effective date of <br />termination. <br />5. Termination of Delivery for Nonpayment. In the event Lessee fails to pay for <br />augmentation water when payment is due as set forth in paragraph 3, above, the City, in addition <br />to seeking recovery of sums due, may terminate delivery of augmentation water to Lessee. <br />6. Lease Contingent Upon Plan Approval. The parties understand and agree that this <br />Lease shall be contingent upon approval of Lessee's temporary substitute supply plan by the <br />Office of the State Engineer. <br />7. No Warranties. Delivery of water by the City under this Lease shall be on an "as <br />is" basis only, and the City neither expressly nor impliedly warrants the quality of the water. <br />The water leased hereunder is not warranted as suitable for any particular purpose. <br />8. Notices. Written notices required under this Lease and all other correspondence <br />between the parties shall be directed to the following and shall be deemed received when hand - <br />delivered or three (3) days after being sent by certified mail, return receipt requested: <br />If to the City: <br />If to Lessee: <br />City of Loveland Water and Power Department <br />Attention: Stephen C. Adams, Director <br />200 North Wilson Avenue <br />Loveland, Colorado 80537 <br />Jake Kauffman & Son, Inc. <br />Attention: Mary Kauffman <br />808 South County Road 9E <br />Loveland, Colorado 80537 <br />9. Governing Law and Venue. This Lease shall be governed by the laws of the State <br />of Colorado, and venue shall be in the County of Latimer, State of Colorado. <br />10. Severability. In the event a court of competent Jurisdiction holds any provision of <br />this lease invalid or unenforceable, such holding shall not invalidate or render unenforceable any <br />other provision of this Lease. <br />