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Wastc«z►ter. In addition to the report requirements set forth in Section 3(b) above, Aurora will provide, any and all reporting and accounting required by the Colorado State Engineer, the Division 1 Engineer, or any other lawful authority concerning proof of the reusability of the Reclaimed Wastewater and conveyance of the Reclaimed Wastewater to the Delivery Point(s). 7. Subordination Clause. This Agreement shall be made expressly subordinate to any present or future city u;e of effluent for purposes of augmentation, exchange, or any other use which is or will be of greater direct benefit to Aurora and the users of its water delivery system, as well as to the water supply obligations which Aurora has Incurred or will Incur through any of the following: (a) the March 2, 1981, Water Agreement with the City of Arvada, Colorado and any renewals thereof; (b) the October 25, 1993, Effluent Agreement with the State of Colorado, Division of Parks and Outdoor Recreation and any renewals thereof; (c) its obligation pursuant to the Substitute Water Supply Plan for Upper Cherry Creek Management Association approved March 19, 1998. and any renewals thereof; (d) its obligations pursuant to Water Division 1, Case Nos 95CW226 K 227, Case No. 99CW 158, Case No. 0 ICW284 and Case No. 02CW341; (e) the April 23, 2001, Agreement for Agreement of Reclaimed Wastewater with Calpine Corporation, (f) the May 20, 2003, Water Rights Purchase and Sale Agreement with the City of Thornton, Colorado; (g) the May 19, 2006, Reusable Water Agreement with the Central Colorado Water Conservancy District, and (h) any and all obligations resulting from any firm delivery annual base or delivery contract of Reclaimed Wastewater executed prior to the date of this Agreement. The foregoing Subordination does not, in and of itself, create an excuse for Aurora's failure to deliver the Reclaimed Wastewater under this Agreement. However, Aurora and Lessee agree that the purpose and effect of the foregoing subordination is to establish a PI among and between Aurora's obligations under this Agreement and Aurora's other obligations with respect to its Reclaimed Wastewater in the event of a force nurjerrre event or other delay or itueti-uption in Aurora's delivery of the Reclaimed Wastewater. S. Consideration. Lessee agrees to pay to Aurora the amount of Three Hundred dollars ($300.00) per acre -foot ( "Unit Rate ") of Reclaimed Wastewater delivered under this Agreement. 'Fhe Unit Rate shall remain constant throughout the term of this Agreement. 9. Pavment. Aurora will bill Lessee in arrears on a quarterly basis for all Reclaimed Wastewater requested by Lessee and delivered by Aurora during each November 1 — October 31 period ( "Water Year'). Aurora's first invoice shall cover the first two (2) quarters of the Water Year (November through April) and shall be issued within 30 days of the Effective Date. Thereafter, Aurora shall issue subsequent invoices within 30 days following the end of the quarter. Any delay in Auroras invoicing for payments under this Agreement shall not constitute a breach of Aurora's obligations and shall not relieve Lessee of its obligations to pay all consideration due hereunder. All billing shall be issued on such forms designated by Aurora for that purpose. Payment by Lessee shall be due no later than 45 days after such bill has been issued. If Lessee does not make the required payment by the due date, Aurora may give Lessee a notice of default. if Lessee dins not cure the default by making full payment within 30 days of receipt of any notice of default, then Aurora• in addition to pursuing any other remedies available to it. may declare this Agreement terminated. 10. Non-Assignability and No Subleases. Neither Aurora nor Lessee may assign its rights or delegate its duties hereunder without the prior written consent of the other Party. Lessee may 4 Ou9411 \031MIS11961 ?