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<br />. <br /> <br />. <br /> <br />vest in OMID. Nothing in this Section 3 shall affect OMID's title to any easements, rights-of- <br />way or other interests in real property now owned by OMID. <br /> <br />4. Proiect Easements. OMID grants to MMLE a license to utilize such easements, <br />rights-of-way and other interests in real property owned or controlled by OMID as shall be <br />necessary to complete the Project. <br /> <br />5. Term. This Agreement shall commence on the date stated in the opening <br />paragraph above, and shall continue in full force and effect until MMLE has satisfied all debts <br />and obligations to the CWCB incurred in connection with the Project. <br /> <br />6. Use of Mutual Mesa System by OMID. MMLE.grants OMID the right to use the <br />Mutual Mesa System each year during the term of this Agreement to transport and deliver water <br />diverted under OMID's water rights to landowners within OMID's boundary served by the <br />Mutual Mesa Lateral in the same manner and to the same extent as was historically done prior to <br />construction of the Mutual Mesa System. <br /> <br />7. Operation. Maintenance and Repair. OMID shall be responsible for all operation, <br />maintenance and repair of the Mutual Mesa System during the term of this Agreement. <br /> <br />8. Payment. In consideration ofMMLE undertaking the Project and allowing <br />OMID use of the Mutual Mesa System during the term of this Agreement, OMID shall pay <br />MMLE the following amounts: <br /> <br />(a) On or before April I of each year, OMID shall pay MMLE an amount <br />sufficient to fund all of MMLE's operation, maintenance, debt service <br />payments, and other obligations for the twelve month period following the <br />payment date, as such amount is certified to OMID by MMLE in an <br />invoice submitted to OMID not less than ten (10) days prior to April I; <br />and, <br /> <br />(b) On or before April I of each year, OMID shall pay MMLE a service <br />charge equal to the lesscr of: (i) $5,032; and, (ii) ten percent (10%) of the <br />amount of MMLE's projected, required debt service payment(s) for the <br />twelve month period following April I, as such amount is certified to <br />OMID by MMLE in an invoice submitted to OMID not less than ten (10) <br />days prior to April I; and, <br /> <br />(c) OMID has applied for and been approved by the United State Farm <br />Services Agency ("FSA") to receive a $400,000 grant for the Project, <br />which OMID shall rcceivc upon completion of thc Projcct. Upon their <br />receipt, OMID shall pay MMLE all funds received under the CFSA grant; <br />and, <br /> <br />2 <br />