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12. During the term of this 1,c'-ase, \Vestminsiei play, but is not required, seer: to change <br />the use of the L3DL1 Shares to municipal uses. Al agrees that it will not oppose, but \\ ill coopetate <br />with the, City, any actions filed in the \ \'atel court of administrative or other pi oceedings 1011 applo \'al <br />of the City's 1egllest l01 a Chang,- of use of the BDC Shares, including, but not limited to, a 1) <br />application 111\'olvillg o e11itl]ge Uf \','i1tC'? l ighi, alternate polio of diveisio11, apploprlati \'c lights of <br />excl or other wale, court applications in \'olving the BDC shale. <br />13, The terms of ibis Water Lease shall be binding on any successors slid assigns, subject <br />to the following additional provision. Notwithstanding the provisions of this pal 0 1'0 h and <br />1ltiagiuph 6, above, \\'estnlinstei may terminate this lease upon sale of the 13DC Shares to a third <br />pall)'. In such circumstances, Wcstminstei will make o good faith el loll to replace the amount and <br />tlllllllg of the consumptive, use yield associated with the R1)C1 Shut es 501111 nate soul ces of fully <br />consumable water acceptable to Al during what would ha\ e been the remaining 101111 of this lease <br />L111(101 p; °1'x11,1 & 1)11 6, above, <br />14, This \Votei Lease constitutes the entilc ah,reelnent between Westminster and AI <br />comet 11 ing the provision of water by Westminster to Al derived from the BDC Shares, and all p11or <br />negotiations, rep eSentationS, w11t111gS, u11dCl standings, or 051 cements pertaining to the provision of <br />water by Westminster to Al derived floral the I1DC Shares are supaiseded by this Water Lease. <br />1 S, If any covenant, term, condition, 01 provision ofthis Water Lease shall for any 1eason <br />be Held to be invalid or uncnfoiccai,le, the invalidity 01 unenforceability of such covenant, term, <br />condition, 01 provision s11a11 not affect any other provision contained in this Water Lease. `I'lle <br />intention Of Westminster and At is that all provisions hereof are severable. <br />C1'I'Y OP \VES`I'fvl1NSTER <br />Nan y' McNgll \', Mayor <br />Attest: <br />City Clerk ( / ( ) <br />4 <br />Approved as to Legal Form: <br />/ <br />City Attorney's Office <br />