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<br />Feb'16 04 01:1Bp <br /> <br />Gar~ H@ttin~@". <br /> <br />(S70J 256-0644 <br /> <br />p.4 <br /> <br />This document is incorDCJrated <br />into the contract by ret('".renu~. <br /> <br />notice of a request of arbitration is sent and received. Notice of the selection shall <br />be in writing to the other party on or before the 1 QIh day_ Thefailure of a party to <br />select an arbitrator shall constitute authority for the other party to select an arbitrator <br />for the one in default. The two setected arbitrators shall agree upon and select a <br />third arbitrator to serve with them. If they cannot agree then the Water Judge Water <br />Division NQ1 shall select the third arbitrator. The fees and costs of the arbitrators <br />I <br />and any other costs ofthe proceeding, shall be paid one-half by the Company and <br />one-half by Landowner. Each party is entitled to be heard by the arbitrators at a <br />hearing and may call witnesses, offer exhibits, present evidence and be represented <br />by Counsel. The decision of the arbitrators shall be by majority vote. The decision <br />may be made verbally at the time of the hearing but shall be reduced to writing <br />within 10 days of the hearing. <br /> <br />12. The term of this agreement shall be perpetual unless the project is terminated by <br />Company with six months written notice to Landowner. . <br /> <br />13. If the Agreement is terminated the Company shall pay 213rds of the cost to reseed <br />t~e recharge areas back to grass. <br /> <br />14. 1M the event water from the recharge seeps into the. basement of the house located <br />on the property,the Company shall cease recharge immediately upon request of the <br />Landowner until the seepage ceases. The Company may resume recharge at a <br />rate that does not cause seepage or seek to remedy the seepage in another way. <br /> <br />15. Company shall have access as necessary to the recharge site for purposes of <br />ingress and egress to accomplish the terms of this Agreement. The Company is <br />granted and easement for use of the property for.' recharge purposes which <br />easement shall include such land as necessary to convey the water to the recharge <br />lite. <br /> <br />16. Company does hereby indemnify and agrees to hold Landowner harmless of and <br />from any claims or cause of action from third parties against Landowner arising out <br />of the negligence of the Company in the use and operation of the recharge site for <br />Company's recharge and augmentation purposes. By such agreement to indemnify <br />and hold harmless the Company does not waive any defenses and immunities to <br />third parties to which it would be otherwise entitled under Colorado Law. Landowner <br />shall be responsible for his/her own negligence. <br /> <br />17. This document represents the complete agreement of the parties hereto and no or~1 <br />modification shall be recognized. Any amendments or additions shall be made 10 <br />writing signed by the parties. <br /> <br />18. This agreement is binding upon the parties, their personal representatives, <br />~uccessors and assigns. <br /> <br />F:\KINI\Flr~er, Pawnl.\Rooharge AlIfeeml'" Hel"linger.wpd 3 <br /> <br />g9 '3913.-1 <br /> <br />T7tJ~nl:'l <br /> <br />JCC7_77r._nJC <br /> <br />CT'CT hr.lr.l7/TT/cn <br />