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Division of Parks and Outdoor Recreation and any renewals thereof; (c) its obligation pursuant to <br />the Substitute Water Supply Plan for Upper Cherry Creek Management Association approved <br />March 19, 1998, and any renewals thereof; (d) its obligations pursuant to Water Division 1, Case <br />Nos. 95CW226 & 227, Case No. 99CW 158, Case No. 01CW284 and Case No. 02CW341; (e) <br />the April 23, 2001, Agreement for Agreement of Reclaimed Wastewater with Calpine <br />Corporation; (f) the May 20, 2003 Water Rights Purchase and Sale Agreement with the City of <br />Thornton, Colorado; (g) the May 19, 2006, Reusable Water Agreement with the Central <br />Colorado Water Conservancy District, and (h) any and all obligations resulting from any firm <br />delivery annual lease or delivery contract of Reclaimed Wastewater executed prior to the date of <br />this Agreement. The foregoing subordination does not, in and of itself, create an excuse for <br />Aurora's failure to deliver the Reclaimed Wastewater under this Agreement. However, Aurora <br />and Lessee agree that the purpose and effect of the foregoing subordination is to establish a <br />priority among and between Aurora's obligations under this Agreement and Aurora's other <br />obligations with respect to its Reclaimed Wastewater in the event of a force majeure event or <br />other delay or interruption in Aurora's delivery of the Reclaimed Wastewater. <br />8. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred dollars <br />($300.00) per acre -foot ( "Unit Rate ") of Reclaimed Wastewater delivered under this Agreement. <br />The Unit Rate shall remain constant throughout the term of this Agreement. <br />9. Payment. Aurora shall bill Lessee for all effluent it will deliver to Lessee during the <br />duration of this Agreement within 30 business days of the Effective Date. All billing shall be <br />done on such forms as designated by Aurora for that purpose. Payment by Lessee shall be due <br />no later than forty -five (45) days after such bill has been issued. If Lessee does not make the <br />required payment by the due date, Aurora may give Lessee a notice of default. If Lessee does <br />not cure the default by making full payment within thirty (30) days of receipt of any notice of <br />default, then Aurora, in addition to pursuing any other remedies available to it, may declare this <br />Agreement terminated. <br />10. Non - Assignability and No Subleases. Neither Aurora nor Lessee may assign its rights <br />or delegate its duties hereunder without the prior written consent of the other Party. Lessee may <br />not sublease the Reclaimed Wastewater to which it is entitled pursuant to this Agreement without <br />the permission of Aurora, which permission Aurora may grant or withhold at its discretion. <br />11. Successors and Assigns. This Agreement and the rights and obligations created hereby <br />shall be binding upon and inure to the benefit of the Parties hereto and their respective successors <br />and assigns, if any are allowed. The Parties intend that Aurora shall not incur any liability other <br />than those liabilities directly running to Aurora or assigns permitted under this Agreement if any. <br />Lessee therefore covenants and agrees to indemnify, save and hold harmless Aurora from all <br />liability, cost or expense of any kind, including Aurora's costs of defense to any other party <br />arising in connection with or relating in any way to the execution, delivery or performance of <br />any allowed assignment or any related document by the parties thereto or to the consummation <br />of any transaction in connection with such documents. <br />12. No Rights Conferred. Except as otherwise provided in this Agreement, the Parties <br />acknowledge that all Reclaimed Wastewater leased hereunder is intended for the present and <br />future use of Aurora. It is further understood and agreed to by the Parties that this Agreement <br />L, <br />