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r ; . • <br /> Lessor the sum of Two Mundred Dollars 1!100.00) upon receipt of a <br /> duly executed stock transfer order directing farmers hesserr+oir <br /> and Irrigation Cosipany to transfer the water appurtenant to the <br /> Leased shares to the Lessee's heedgete, <br /> 5. Notices required or desired to be given hereunder shall <br /> be delivered is person or sailed certified mail, return :scalp! <br /> requested as followss <br /> 4{ Leaeor s Lewes s <br /> Marvin M. Bush City Administrator <br /> Route 1, god 390 City of Louisville <br /> 7440 Marshall Drive 741 Main► Street <br /> } - Louisville, CO $0027 Louisville, CO $0017 <br /> ' or at such other addresses, notice of which are provided in the <br /> • seas manner. <br /> S. Time is of the essence hereof, and if any payment or <br /> other condition hereof is not made, tendered or performed by <br /> either the Lessor or the Lessee as herein provided, then this <br /> agreement, at the option of the party who is not in default, may <br /> be terminated by such party, in which case the non-defaulting <br /> party may recover such damages as may be proper. In the event of <br /> default by the Lessee, any payments made hereunder shall be <br /> retained by the Lessor as liquidated damages. Nothing herein <br /> shall be construed to prevent an action for specific performance <br /> of this agreement. <br /> 1 • 7. The Lessee covenants that at the expiration of the <br /> Lease peaceable possession of said water rights shall be given up <br /> to Lessor. <br /> I. If any judicial proceeding may hereafter be brought to <br /> enforce any of the provisions hereof, inclwiing an action' for <br /> damages or specific performance, the prevailing party shall be <br /> entitled to recover the coats of such proceeding including <br /> reasonable attorney's fees. <br /> no MINUS MMthtlOX, the parties hereto have executed the <br /> • foregoing in duplicate original counterparts the day and year <br /> • <br />