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Creek and Park Center District, based on the average amount of leased water taken during the previous five-year period. Costs in excess of $6,000 but'less than $30,000 shall be split 50% to BLM aiid 50% to Park Center District and City of Cripple Creek. Th 50% contribution by City of Cripple Creek and Park Center e District shall be split proportionally, based upon the average amount of leased water taken daring the previous five-year period. The Lessor's contribution to suc11 repairs shall be in the fornl of a credit against any water charges owed by Lessee to Lessor until said amount for Lessor's share of such costs is frilly satisfied. 2• Repairs that are estimated to cost in excess of $30,000 shall be considered as "major repairs." BLM, Park Center District, and City of Cripple Creek will jointly negotiate a method for designing, implementing, and fina~cin an $30,000, with the agreement that ari g y repairs in excess of participate in repair projects in excess of $30,000 eLesso~retains the right to approve any repair projects proposed and financed by Park Center District or City of Cripple Creek, and Lessor retains the right to make final decisions regarding competing repair proposals. Lessor retains the right to shut-in the well if major repairs are needed and neither Park Center District nor City of Cripple Creek is willing to finance these repairs. The BLM shall also retain the right to restrict water deliveries to any party not participating in the repairs. D. Delivery of Water to Fourxr-ile Creek for City of Cripple Creek - At i expense, Lessor shall install a pipeline and flow meter at the wellhead for deliver of water to Fourmile Creek, pursuant to the decree and sti ulatio ~ is sole P n m case number 97 CW 169, Water Division 2. The Lessee shall allow employees of the Cit of - y reasonable access to the wellhead, pipeline, and meter for the purpose of im lementi and measuring diversions from the well to Fourmile Cre y Cripple Creek only after prior reasonable notification to Lessee by the City of Criccle s sh 11 be grans d requests that the Lessee operate or maintain this infrastructure on the Less Lessor and Lessee will negotiate a reasonable char e for pp Creek. If Lessor or's behalf, ~~~ against amounts owed by Lessee for water deliver charges s sei-vice, to be credited ~~ c-__ SECTION 7 -LIABILITY ~~~= c.. A. Lessor and Lessee jointly recogluze that the down-hole infrastructu re may be subject to catastrophic failure at any time, and that such a failure could permanent ~ Lessee's ability to provide a reliable water supply to its customers. Accord . Lessee agrees to hold Lessor h ly damage the armless in the event of a catastrophic failure of down hole ~ infrastructure, and Lessee agrees to take measures to diversify its water means of reducing exposure to such an event. Lessor and Lessee agree thatpdesaite p these <r M~ ....:, ...~.i ;~~~s --, ~-- .., ~„ _~,, C`) rY~