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i iiiui i~iii ~iiiii~ iiue ui~ i~iii iiiiii iii iiiii iiii iii <br />814512 01/08/2004 11:48A 61167 P579 F. JOHNSON <br />3 of 5 R 26.00 D 0.00 Morgan County, CO <br />N. Lower Platte shall have the right to terminate this agreement if continue operation of <br />the Lower Platte Canal and/or the augmentation plan decreed by the Water Court for <br />Water Division No. 1 in Case No. W-2969 is no longer feasible. Both Lower Platte <br />and Quint shall have the right to terminate if there is an uncured breach of this <br />agreement. Before termination would be effective, the party wishing to terminate <br />shall give the other party at least 30 days notice of its intent to terminate, which <br />notice shall include the date of the intended termination. If there is not a subsequent <br />agreement to continue, then the termination shall be effective upon the date stated in <br />the notice. If this agreement is terminated pursuant to this paragraph, this agreement <br />shall be of no further effect after the effective date of termination, and neither party <br />shall have any further obligations under it. However, any obligation that accrued <br />prior to the date of termination shall not be extinguished by termination, and shall <br />continue to be a binding legal obligation until performed as provided herein. In the <br />event of tern~ination under this paragraph, neither party shall be entitled to <br />reimbursement for any costs expended under this agreement. <br />O. In the event that Lower Platte or Quint believes that the other is in default of any <br />obligation under this agreement, the non-defaulting party shall give written notice of <br />the default to the defaulting party. If a notice of default is provided, the party accused <br />of the default shall either cure the default or provide a written statement explaining <br />why it is not in default. If the alleged default is not cured or otherwise resolved <br />within 30 days, the non-defaulting party may seek specific performance of this <br />agreement. <br />P. All notices pertaining to or provided for under this agreement shall be in writing and <br />delivered to the parties by facsimile transmission, personally by hand, or by first-class <br />mail, postage prepaid at the addresses of the parties set forth below. All notices <br />delivered by hand shall be deemed given when delivered, and all notices delivered by <br />facsimile or first-class mail shall be deemed given when transmitted or mailed. The <br />parties may, by notice as provided above, designate a different address to which <br />notice should be given, but the initial addresses are as follows: <br />Lower Platte and Beaver Canal Company <br />PO Box 190 <br />Hillrose, CO 80733 <br />Victor J. and Margie J. Quint <br />35997 US Highway 6 <br />Hillrose, CO 80733 <br />Q. Lower Platte may assign this agreement to a successor in interest or in conjunction <br />with a conveyance of the Lower Platte Canal. Lower Platte shall provide Quint with <br />notice of the assignment. Lower Platte shall not assign this agreement or any portion <br />thereof to any other person or entity without the prior written consent of Quint. <br />3 <br />