Laserfiche WebLink
Delivery Points. This responsibility includes, but is not limited to, Lafarge's withdrawal <br />of the Fully Reusable Water from the South Platte River (if any) and Lafarge's use of the <br />FullyReusable Water. • Aurora will provide any and all reporting and accounting required - <br />by the Colorado State Engineer, the Division 1 Engineer, or any other lawful authority <br />concerning proof of the reusability of the Fully Reusable Water and conveyance of the <br />Fully Reusable Water to the Delivery Points. <br />5. Sources of Fully Reusable Water. Aurora and Lafarge agree that the <br />sources of Fully Reusable Water provided under this Agreement shall be Aurora's <br />reusable municipal return flows to the South Platte River, any fully consumable portion <br />of changed irrigation water rights owned by Aurora, fully consumable water diverted <br />pursuant to decrees entered in 03CW414, 03CW415 and 06CW104, and any other legal <br />source of Fully Reusable Water. Under no circumstances will this Agreement be <br />interpreted to mean that Aurora must supply potable water should the sources set forth in <br />this paragraph be unavailable. <br />6. Delivery Schedule. The delivery schedule for the first water year of <br />November 1, 2007 through October 31, 2008 is attached hereto as Exhibit A. For every <br />year after the water year ending October 31, 2008, Lafarge and Aurora shall meet prior to <br />November 1 to prepare the annual delivery schedule for Fully Reusable Water. The <br />annual delivery schedule shall identify the daily and monthly deliveries as well as the <br />Delivery points as set forth in. paragraph 3 above. In the event that the parties cannot <br />reach agreement concerning the delivery schedule, Aurora shall use the annual delivery <br />schedule used the year before. <br />7. Title and Title Review. <br />(a) The parties agree that in order to consummate the transaction <br />contemplated by this Agreement, (i) title to the Subject Shares must be unencumbered <br />and marketable in Lafarge so the Subject Shares may be delivered free, clear and <br />unencumbered in any way to Aurora and (ii) title to the Dry -Up Covenant pertaining to <br />the Historically Irrigated Land must be unencumbered and marketable in Lafarge so the <br />Dry -Up Covenant may be delivered free, clear and unencumbered in any way to Aurora. <br />Aurora's obligations under this Agreement are specifically contingent on Lafarge having <br />obtained such title with respect to the Subject Shares and the Dry -Up Covenant prior to <br />Closing. Notwithstanding any other provisions of this Agreement, if Lafarge does not <br />have such free and unencumbered and marketable title in the Subject Shares or the Dry - <br />Up Covenant as of the Closing Date (as defined below), Aurora may ternuinate this <br />Agreement. <br />(b) No more than 45 days following the Effective Date, Lafarge shall <br />deliver to Aurora: (i) full copies of the certificate or certificates for the Subject Shares; <br />(ii) full copies of the deeds and title commitments it received at the time it purchased the <br />Historically Irrigated Lands; (iii) a certificate from the Ditch Company stating all <br />9411 \104 \1075876.1 <br />3 <br />