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in support of,any administrative or water court proceeding necessary to implement the <br /> Pilot Project. <br /> 4. Price <br /> 4.1. CS-U shall pay Super Ditch,for distribution by Super Ditch to the Participating <br /> Irrigators, five-hundred dollars($500)for each acre-foot of Pilot Project ATM Water for <br /> the first 1,000 acre-feet per year delivered to Pueblo Reservoir under this Agreement. <br /> Beginning in 2021,the price paid by CS-U shall increase two percent(2%)annually,to <br /> protect Participating Irrigators against inflation. Super Ditch shall invoice CS-U upon <br /> delivery of Pilot Project ATM Water to Pueblo Reservoir, CS-U shall make payments <br /> for the delivery of any Pilot Project ATM Water into Pueblo Reservoir to Super Ditch <br /> within 90 days of the date of such invoice. Interest shall accrue on late payments at the <br /> rate of five percent(5%)per annum. Super Ditch shall be solely responsible for <br /> distributing such payments to the Participating Irrigators. <br /> 4.2. Prior to the delivery of more than 1,000 acre-feet of Pilot Project ATM Water in any <br /> year,CS-U and the Super Ditch shall agree in advance on the price per acre-foot for <br /> deliveries of more than 1,000 acre-feet of Pilot Project ATM Water per year to Pueblo <br /> Reservoir. <br /> 43. CS-U shall pay the Super Ditch$60,000 annually during the term of this Agreement as <br /> partial consideration for Super Ditch's delivery of up to 1,000 acre-feet of Pilot Project <br /> ATM Water to CS-U in three years out of ten.. <br /> 4.4. CS-U shall make such$60,000 payments on or before March I of each year this <br /> Agreement is in effect. Interest shall accrue on late payments at the rate of five percent <br /> (5%)per annum. <br /> 4.5. The Parties agree that,in years the CS-U calls for the delivery of water under this <br /> Agreement,Pilot Project ATM Water will be delivered on a"take or pay"basis, <br /> provided that the Super Ditch makes the Pilot Project ATM Water legally and physically <br /> available in Pueblo Reservoir pursuant to the terms and conditions of this Agreement. <br /> 4.6.CS-U shall have no obligation to pay for any amount of Pilot Project ATM Water that <br /> was called for but not delivered pursuant to the terms and conditions of this Agreement, <br /> 4.7. In the event that the Super Ditch fails to make at least 850 acre-feet of Pilot Project <br /> ATM Water legally and physically available in Pueblo Reservoir in any year that CS-U <br /> calls for water under this Agreement,the Super Ditch shall forego the right to receive <br /> CS-U's$60,000 payment in the following year. This remedy shall apply,however,only <br /> if the failure to deliver at least 850 acre-feet of Pilot Project ATM Water is not due to an <br /> occurrence beyond the reasonable control of the Super Ditch or the Participating <br /> Irrigators such as an act of God,acts or failures to act by governmental entities, strike, <br /> war,insurrection,or orders of any court or lawful governmental administrative body or <br /> agency clothed with authority to regulate matters pertaining to water use,public health, <br /> or water quality control and so long as a failure of the Super Ditch to deliver Pilot <br /> Project ATM Water does not occur because of its affirmative action,inaction or <br /> negligence. <br /> 4 <br /> Exhibit A <br />