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111111 Illil llllli11111111111i1i1 111111 1111111111111111 <br />814812 01/08/2004 11:48A 83187 P378 F. JOHNSON <br />2 of 3 R 26.00 D 0.00 Morgan County, CO <br />Quint Pond, which said water shall be measured into said recharge ponds by an <br />appropriate measuring device any such water developed shall be the sole property of <br />Quint. Lower Platte shall reimburse Quint for the water measuring devices and valves <br />and all maintenance and repair thereof. <br />F. Each of the parties shall install, maintain, and operate appropriate measuring devices <br />or meters at their respective wells. <br />G. Lower Platte at its sole discretion and costs, may construct, operate, and maintain a <br />pipeline from the Quint Ponds over and across the Quint Property located in the <br />NW'/4 of Section 19, Township 5 North, Range 54 West of the 6~' P.M., for its sole <br />use and benefit. <br />H. It is specifically understood and agreed between the parties that Ouint hereby grants <br />and conveys unto Lower Platte an easement not to exceed 4~ feet in width over and <br />across the Quint's property to be devoted to pipelines under the terms of this <br />agreement for the operation, maintenance, and repair of any such pipeline. The grant <br />of easement shall run with the land and shall be binding on and inure to the benefit of <br />the parties, the respective heirs, successors, and assigns, provided however, that <br />Lower Platte may not assign any interest in this agreement or any such easement <br />without the written consent of Quint other than any assignment described in <br />Paragraph Q of this agreement. <br />I. Each of the parties shall pay for its respective costs of transporting electricity to each <br />of its wells and is specifically agreed that each of the parties shall have separate <br />contracts with Morgan County REA, separate meters, and each of the parties shall <br />pay the respective electric bills without contribution from the other. <br />J. Lower Platte represents and warrants that it has the full power and authority to enter <br />into this agreement and that compliance with the terms of this agreement will not <br />violate federal, state, or local law. <br />K. Quint represents and warrants that it has the full power and authority to enter into this <br />agreement and that compliance with the terms of this agreement will not violate <br />federal, state, or local law. <br />L. It is specifically declared and agreed that time is of the essence of this agreement. <br />M. Lower Platte hereby agrees not to make any claim, and hereby permanently waives <br />any right it might have to make a claim, against Quint for any impact or damage that <br />may occur to the Lower Platte Well, the pipelines, and/or the quality of groundwater <br />underlying the Quint Property. Quint hereby agrees not to make any claim, and <br />hereby permanently waives any right it might have to make a claim, against Lower <br />Platte for any impact or damage that may occur to the Quint Property, the Quint Well, <br />the pipelines, and/or the quality of groundwater underlying the Quint Property. <br />2 <br />