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2013-01-10_HYDROLOGY - M1992069
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2013-01-10_HYDROLOGY - M1992069
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Last modified
8/24/2016 5:11:56 PM
Creation date
1/11/2013 8:17:13 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1992069
IBM Index Class Name
HYDROLOGY
Doc Date
1/10/2013
Doc Name
SWSP- Combined
From
OSE
To
Applegate Group, Inc.
Permit Index Doc Type
Hydrology Report
Email Name
PSH
Media Type
D
Archive
No
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or potential rights it 1111g have 0011ee111111g any warranties from Westminster as t0 fitness for a <br />particular use, product liability claims, and all other extant 00 later created 01 conceived of strict <br />11r11)llliy o1 strict llul)lllt }' claims and rights Cancel ling the fitness or appoopi lateness of the water foi <br />a pal ticular use or users. 1VIOrCO \'el, Westminster does not 1 epresent OI gum 11111e0 that the wa1e1 <br />meets or \\'d11 meet any pnliicular water quality siE,ndards or complies \vies 01 will comply with any <br />requirements of any g,00erianent1 l ',Tetley 01 authority, or that the wate1 is suitable fo1 any use by Al <br />01 0111 e1S. <br />n <br />Al shall not have any light of os',rierohip of the fDC Shares. <br />5. This Lease 1111 }' not be assigned by Al without tit., p1101 501111en consent of <br />\','cslmitlstci. Al shall provide Westminster with Notice Of any intention to assign this Lease to any <br />other third pal ty. To the extent this Water Least is assigned to any Mild })ally, Al â– vill obtain a <br />wl urea acceptance of the terms of this Water Lease by the third pal ty, including, but not limited to <br />the pi ()visions of Paiaglaph 3, above, as well as 0 wiitte 1 w aivei signed by the third pally Specifically <br />waiving the Same rights waived by Al 111 Paragl11111 3 above,, Any assignment of this \Natal Lease by <br />Al shall 001 be effective until the 1 equil cments of this paragraph have heel} satisfied. <br />6. This Lease shall expii0 tlpoIn the O00(11(01100 of any one of the fohOwing events: <br />11. The completion by Al and acceptance by Westminster of lined storage <br />pursuant to the terms of the Stu' age Api eo Agr eei nein; or <br />b. The termination of the Sim age. Agreement; or <br />c. AI's failure to 010100 good faith effoi is to mine and complete the lined water <br />storage facility put stint t0 the Storage Agreement; Or <br />or <br />d. AI's breach 01 failure to fully comply with any teims of this Lease Agreement; <br />e. Al's failure to make annual payments to Westminster as Iequileci under <br />paragraph 7, belo\v; or <br />f. Ten years for the date of execution of this lease; or <br />g. <br />Upon mutual agreement of the parties. <br />7. As consideration for this lease, AI will pay Westminster an annual fee equivalent to <br />the annual assessments, any special assessments 01 any related fees, including, but not limited to <br />carriage a1ld /Or augmentation station usage fees, associated with the I3DC Shares. During the terra of <br />this lease, Westminster will notify Al in waiting of any assessments or fees paid on said I3DC Shares. <br />During the term of this lease, AI shall promptly reimburse Westminster for any payments made by <br />Westminster that constitute annual assessments, special assessments, or related fees associated with <br />the BDC Shares. Al's failure to reimburse Westminster within 30 days of written notice shall <br />constitute grounds for terminating this Lease pursuant to paragraph 6(e), above. <br />2 <br />
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