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~", ' The Funding ilAembers agree to share #he costs arising from the NRCS Corrtract and for the CWCB Loan repayment based upon the maximum amounts of water (in cubic feet per second-CFS) that each wiil be entitled to have carried through the pipeline by the Company, as follows: CFS % CFS Dean Wolcott 36.46 4.10 ~c Bruce 26.40 2.97 Jack Smith 17.86 2.01 Eldon Simmons 17.78 2.00 Edward Kennedy 1.50 0.17 Total 100.00 1 i .25 The Company agrees that the Funding Members shall be entitled to carry the above maximum amounts of water in the pipeline. ra, Company agrees that any Member of the Company or any non-Member that seeks to have water carried in the pipeline not included in Section 9 above shal! be required to bear a proportional share of the oosts arising from the NRCS Cor~tract and for the CWCB Loan repayment through a reallocation of the of the percentages in Section 9 above: provided however, that the Company may also impose other costs upon the carriage of such new water in the pipeline. c 1 The Company and the Funding Members agree that the pipeline must be operated ~ full of water in order to maximize the benefits of the pipeline to the water users and further agree to joirrtly make best efforts to keep the pipeline oompletely ful{ of water at all times during the irrigation season. l~-, The Funding Members understand that the Company may pledge this Funding Agreement as collateral for the Loan, that the Company will rely on this Funding Agreement for its primary source of money for repayment of the Loan and that #he Company may use all legal means available to coAect from Funding Members any amounts in arrears. t~3 . This Agreement may be signed in counterparts and all signatures shall be notarized. f y The parties agree that the Company shail be the owner of the Additions/Improvements. The Parties also acknowledge that Members' rights to use the head gate, the point of diversion and easements for the D~ch that are pledged for use by the Company pursuant to the Bylaws of the corporation, may be pledged by the Company to secure the Loan. ~ 5, The parties agree that, if the Company is forced to default on the Loan due to failure of the Members to pay assessments pursuant to this Funding Agreemerrt and the Bylaws, the Company may cease delivery of water by closing the head gate and that this right may be pledged to secure the Loan. I~, This Agreement is binding upon heirs, successors and assigns of the parties.