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<br />) <br /> <br />indemnify, save harmless and defend the State Land Board from and against any and all <br />liability arising therefrom. <br /> <br />15. The Grantee will pay full compensation to the State Land Board for damages to its property, <br />rights, franchises or privileges, including liabilities and damages to its lessees and other third <br />parties resulting from acts, omissions or use of the lands or rights granted under this right- <br />of-way. . <br /> <br />16. Failure to comply with any term or condition contained in this right-of-way grant shall be <br />grounds for terminatio.n by the State Land Board. <br /> <br />17. The following items (a) through (e) shall apply and supersede any conflicting terms or <br />conditions set forth above: <br /> <br />a) The plat and survey of the subject site, performed by Foley Associates, Inc. and dated <br />June 2, 1995 is hereby made a part of this right-of-way, and shall depict the controlling <br />alignment with respect to bearings and distances in the event of an error or discrepancy <br />in the legal description herein. <br /> <br />b) The Grantor recognizes that the Grantee has obtained the funds to construct the reservoir <br />on the lands covered by this right-of-way from the Colorado Water Conservation Board <br />("CWCB"). The Grantee is receiving such funds pursuant to a loan contract with the <br />CWCB, Contract Encumbrance No. C-153700 ("Loan Contract"). During the term of <br />the repayment of the Grantee's loan to the CWCB, if the Grantee is in default on its <br />obligations under the Loan Contract and such default is undisputed by the Grantee, the <br />Grantor hereby agrees that during any such default period the CWCB may succeed to <br />all rights and assume all obligations under this right-of-way. <br /> <br />c) The right of the Grantee to use this site for recreational purposes is not conveyed under <br />the terms of this grant. <br /> <br />d) As a condition of this grant for a reservoir, lease OT-S36750 as previously issued to the <br />Town of Norwood shall be cancelled effective January 1, 1996. <br /> <br />e) The Grantor agrees not to lease the subject site for agricultural or grazing purposes <br />during the term of this grant. <br /> <br />Page 4 of 5 <br />