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<br /> to other utilities, or fences, buildings, gates, or other structures, or trees, bushes, brush, gardens,
<br /> or pavement, and Grantor shall not obstruct or permit obstruction of access to the Easement. In
<br /> the event any such obstructions or encroachments are erected, installed, or permitted to remain
<br /> upon the Easement notwithstanding this paragraph, Grantor understands and agrees that such
<br /> obstructions or encroachments may be removed by the Grantee at Grantor's cost, and that the
<br /> Grantee shall have no responsibility or liability for any damage or destruction thereto.
<br /> 4. Grantor's Entitlement to Delivery of Water. At times there may not be capacity in
<br /> the recharge facilities owned by Mike Groves and situated south of Grantor's property. At such
<br /> times, Grantee may deliver any excess water ("Excess Water") to ponds and recharge facilities
<br /> located on Grantor's property. Grantee does not hereby represent or warrant the availability of
<br /> water from Augmentation Credits or Excess Water at any particular time or in any particular
<br /> amount, and does not warrant the fitness of the Excess Water for any particular purpose. Grantor
<br /> and Grantee agree that Grantee may seek to include any recharge credits generated from delivery
<br /> of Excess Water to Grantor's ponds or recharge facilities in a plan for augmentation or substitute
<br /> water supply plan.
<br /> 5. Liability to Others. Each party shall be responsible for any and all claims,
<br /> demands, actions, losses, liabilities, or expenses of whatever sort, including attorneys fees, that
<br /> are incurred by any person or entity arising out of or in connection with such party's use or
<br /> occupation of the Easements, or the use or occupation of the Easement by its or their agents,
<br /> employees, contractors, invitees or licensees. In the event the Grantee and Grantor, or their
<br /> respective officers, directors, members, employees, agents, contractors, representatives, heirs or
<br /> assigns are held jointly and severally liable under any statute, decision, or other law providing for
<br /> such joint and several liability for their respective activities on the Easement, the obligations of
<br /> each to respond in damages shall be apportioned, as between the Grantee and Grantor, in
<br /> proportion to the contributions of each as measured by the acts and omissions of each which in
<br /> fact caused such legal injury, damage or harm and the Grantee and Grantor shall indemnify each
<br /> other to the extent necessary to assure such apportionment.
<br /> 6. Water Court and Administrative Proceedings. Grantee may file an application in
<br /> the Water Court, Water Division No. 1, and may seek approval of one or more substitute water
<br /> supply plans in connection with Grantee's delivery of the Augmentation Credits through the
<br /> Water Pipeline to one or more recharge sites as described in this Agreement. Grantor expressly
<br /> agrees that this Agreement does not provide any basis for Grantor to object to said water court
<br /> application or request for substitute water supply plan, and Grantor agrees not to oppose such
<br /> proceedings.
<br /> 7. Assignment: Amendment. With consent from Grantor, in Grantor's sole, absolute,
<br /> and unfettered discretion, the Easement herein conveyed by Grantor to Grantee may be assigned
<br /> by Grantee in whole or in part, provided that Grantor shall be given written notice of any such
<br /> assignment. This Agreement may only be amended in writing, and any amendment must be signed
<br /> by all parties.
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