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12. During the tern of this lease, Westminster niay, but is not required, seek to change <br />the use of the BDC Shares to municipal uses. Al agrees that it will not oppose, but will cooperate <br />with the City, any actions filed in the water court or administrative or other proceedings for approval <br />of the City's request for a change of use of the BDC Shares, including, but not limited to, an <br />application involving a change of water right, alternate point of diversion, appropriative rights of <br />exchange or other water court applications involving the BDC shares. <br />13. The terms of this \Vater Lease shall be binding on any successors and assigns, subject <br />to the following additional provision. Notwithstanding the provisions of this paragraph and <br />paragraph 6, above, \Vestminstei may terminate this lease upon sale of the BDC Shales to a third <br />party. In such circumstances, Westminster will make a good faith effort to replace the amount and <br />timing oldie consumptive use yield associated with the BDC Shares with alternate sources of fully <br />consumable water acceptable to AI during what would have been the remaining term of this lease <br />under paragraph 6, above. <br />14. This \Vater Lease constitutes the entire agreement between \Westminster and AI <br />concerning the provision of water by 'Westminster to AI derived from the BDC Shares, and all prior <br />negotiations, iepi esentations, writings, understandings, or agreements pertaining to the provision of <br />water by Westminster to AI derived from the BDC Shares are superseded by this \Vater Lease. <br />1 5 . I f any covenant, term, condition, or provision of this \Vater Lease shall for any reason <br />be held to be invalid or unenforceable, the invalidity or uncnforceability of such covenant, term, <br />condition, or provision shall not affect any other provision contained in this Water Lease. The <br />intention of Westminster and AI is that all provisions hereof are severable. <br />CITY OF WESTMINSTER <br />Nan Iv1CNi , Mayor <br />Attest: <br />City Clerk <br />4 <br />Approved as to Legal Form: <br />City Attorney's Office <br />;( '7 <br />r <br />