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the Board; however, Lessee shall not sublease water to third parties at a higher price than it pays <br />the Board for water. <br />22. Substitute_ Supply Plans and Augmentation Plans. The parties both recognize that Lessee <br />will use the water to be delivered under this Agreement for replacement of depletions in a <br />substitute supply plan and/or augmentation plan. The Board agrees that the water to be delivered <br />under this Agreement may be used in substitute supply plans and augmentation plans, and that it <br />will cooperate with Lessee to provide information regarding its water rights which may be <br />needed to obtain approval of Lessee's substitute supply plans and/or augmentation plans. <br />However, all costs of any such plans shall be borne by Lessee. <br />23. Waiver. Failure of either party hereto to exercise any right hereunder shall not be <br />deemed a waiver of such party's right and shall not affect the right of said party to exercise at <br />some future time said right or rights or any other right it may have hereunder. No waiver of any <br />of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other <br />provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No <br />waiver shall be binding unless executed in writing by the party making the waiver. <br />24. No Exclusive Right or Privilege. Nothing in this Agreement shall be construed as a grant <br />by the Board of any exclusive right or privilege. <br />25. Termination. This Agreement may only be terminated by Lessee giving written notice to <br />the Board within 60 days of a final determination by the State Engineer's Office or the Water <br />Court that the water to be delivered under this Agreement is not an adequate source of <br />replacement water to meet Lessee's needs. In the event of termination under this subparagraph, <br />Lessee shall not owe any additional payment to the Board for water that would have been <br />delivered following the date of the termination notice. <br />26. Title to Water Rights. Nothing herein shall be interpreted to give Lessee any legal or <br />equitable title in or to any of the Board's water or water rights. <br />27. Notices. All notices to be given with respect to this Agreement shall be in writing. <br />Unless otherwise provide in this Agreement, each notice shall be sent by first class mail, postage <br />prepaid, to the party to be notified at the address set forth herein or at such other address as either <br />party may from time to time designate in writing. Every notice shall be deemed to have been <br />given at the time it shall be deposited in the United States mail in the manner prescribed herein. <br />Nothing contained herein shall be construed to preclude personal service of any notice in the <br />manner prescribed for personal service of a summons or other legal process. All notices required <br />to be given to the Board hereunder shall be delivered to: <br />Board of Water Works of Pueblo, Colorado <br />319 West 4th Street <br />Pueblo, CO 81003 <br />Attn: Executive Director <br />Page 5 of 7 <br />