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:: titer diverted pursuant to the terms of Applican I's water right and the term .s of skis Ccn,h ec:. �.� riic�nt t tees to provide 2ceurate readings torn <br />such de-ice or meter to District upon District's request Applicant ackno:cl_dces tL•at failure to corrpl9 wii this -a-agraph could result i❑ kcgal <br />:tenon tc• terminate Applicant's diversion of water by the State of Colorado Division of V1'Lter R(-source-s. By signing Ibis Contract, Applicant <br />hereby specifically allows District, through its authorized agent, to enter upon Applicant's p:ol:eiy during ordinary business hours fortbe <br />purposes of determining Applicant's actual use of water. <br />18. Representations: By executing this Contract, Applicant agrees that it is not relying on any legal or engineeringadrice <br />that Applicant may believe hes been received from the District. Applicant further acknowledges that it has obtained all necessary Icgal and <br />engineering advice front' Applicant's o%vn sources other than the District. Applicant further acknowledges that the District snakes no guarantees, <br />warranties, or assurances whatsoever about ih'e quantity or quality of water available pursuant to this Contract. Should the District be unable to <br />provide the water contracted for berein,•no damages tray be assessed against The Disrict, nor may Applicant obtain a refund front the Distict. <br />19. Costs of Water Court Filing ark id Au ntetulation Man: Should the District, in its own discretion, ehpose to include <br />Applicant's Contract herein in awater court filing foraltemate point ofdiversion orplaa ofaugmentation, then Applicant hereby agrees to pay to <br />the District, wllen assessed, an additional fee representing the District's actual and reasonable costs and fees for Applicani's share of the <br />proceedings. Applicant shall be assessed a pro -raia share of (be total cost incurred by the District in preparing, filing and.pursuirig to decreethe <br />water court case. The pro-rata share shall be calculated by dividing such total cost by The number of coutractees included in the filing. Totlte <br />extent that the District is caused additional costs because of objection filed specifically due to the inclusion of Applicent's,Contract in the filing, <br />such additional costs may be charged specifically to Applicant and not shared on a pro -rata basis by all contractees. t <br />20. Binding Agreement: This agreement shall not be complete nor binding upon the District unless attachedbereto utbe <br />torn entitled "Application to Lease Water From West Divide Water Conservancy District" fully completed by Applicant and approved bythe <br />District's engineer. Said attachments shall by this reference thereto be incorporated into the leans ofthis agreement. All correspondence frotnthe <br />District to Applicant referring to or relating to this agreement is by this reference incorporated into this agreement as further terms and conditions <br />of this agreement. <br />21. Warning: IT IS THE SOLE RESPONSIBILITY OF THE APPLICAA 'TTOOBTALNAVAL16 WELL PERMITOR <br />OTHER WATER RiGHT IN ORDERTO DIVERTIYATER, IA'CLUDING THE WATER ACQUIRED UNDE, R THIS CONTRACT. IT IS THE <br />CONTINUING DUTY OF THE APPLICANT TO ls4A1NTAIN THE VALIDITY OF THE WELL PERMIT OR WATER RIGHT INCLUDNG <br />FILTNG FOR EXTENSIONS OF PERMITS,FILENG WELL COMPLETI ON REPORTS, FILR4G STATEMENTS OF BF,NEFICIAL USE, OR <br />OTITERWiSE LAWFULLY APPLYING THE WATER TO BENEFICIAL USE ON A REGULAR BASIS WITHOUT` NVASTE. <br />22. AREA B CONTRACTS: IF APPLTCANT'S W-FLL OR OTHER WATER RIGHT THAT IS THE SUBTECTOF <br />THIS CONTRACT IS LOCATED OUTSIDE "AREA A" AS DESIGNATED BY THEDISTRICT,, THEN THIS PARAGRAPH APPLTES:. THE <br />AUGMENTATION WATER PROYIDF.D BY THE DISTRICT UNDER THIS CONTRACT MAY ONLY PROTECT APPLICA`NI"S WATER <br />R1019T FROM A CALL ON THE COLORADO RiVER AND MAY NOT PROTECT APPLICANT FROM A CALL FROM ANY OTHER <br />t <br />t <br />