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maIT A <br /> 433084 <br /> loon 0586 rAG. 184 <br /> AGREEMENT FOR DONATION <br /> AND COVENANT OF WATER RIGHTS <br /> THIS AGREEMENT for donation of certain water rights and for <br /> acceptance of a restrictive covenant on certain related water <br /> rights (hereinafter referred to as this "Agreement ") is made as of <br /> thisS day of December, 1987, by and between The Pittsburg & <br /> Midway Coal Mining Co., a Missouri corporation (hereinafter <br /> referred to as "P &M "), and The Nature Conservancy, a District of <br /> Columbia corporation (hereinafter referred to as "TNC "; P &M and <br /> TNC are hereinafter referred to collectively as the "Parties "). <br /> RECITALS <br /> A. P &M and TNC entered into a certain Agreement for <br /> Donation and Covenant of Water Rights as of the 19th day of <br /> September, 1986 (hereinafter referred to as the "Original <br /> Agreement "); <br /> B. This Agreement shall terminate and take the place of the - <br /> Original Agreement and shall terminate P &M's agreement with TNC to <br /> make a certain replacement donation of water rights if the <br /> donation contemplated by the Original Agreement was not made by <br /> - P&M; 433084 <br /> STATE Of COLORADO R <br /> COUNTY OF DELTA IS <br /> 1 WNW =Iffy this dominant avid <br /> Aletu.d Into Delta County Records <br /> is.ar sukad 701- <br /> &JAN141988 a.;14 <br /> Oaks Coady Clerk <br /> —1— <br /> !, r+ nn r, 1'1 e% P, <br />