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and the parties shall mutually agree upon the proper placement of the pipeline <br /> with respect to the Southwest Property. A drawing of the proposed location of the <br /> Pipeline is attached hereto as Exhibit C. <br /> B. Construction of the Pipeline and movement and transport of water through the <br /> Pipeline is expressly contingent on Fremont, Stonewall, Southwest obtaining all <br /> necessary permits and approvals from all required state and local govemment <br /> agencies. The use of the Pipeline for delivery of water to Southwest is <br /> conditioned upon the maintenance of the necessary permits and approvals from <br /> the relevant government agencies. Each party shall be solely responsible for its <br /> own costs associated with obtaining and maintaining the necessary permits and <br /> approvals from all relevant govemment agencies, including, but not limited to, <br /> administrative fees, application fees, and engineering consulting fees. Failure to <br /> obtain permits, or revocation or termination of any permit, shall act to cancel this <br /> Agreement. In the event this Agreement terminates under this provision or for <br /> any reason prior to termination under paragraph C.1, the parties reserve all <br /> rights, claims, defenses, and remedies against each other, except as set forth in <br /> paragraph D. <br /> C. Fremont will construct the Pipeline to include a totalizing flow meter on the <br /> Pipeline which will measure the flow rate and record the volume of water being <br /> delivered for irrigation use. . Any water from the dewatering system that is not <br /> used for irrigation on the Southwest Property shall be delivered to the Arkansas <br /> River using the existing Phase I Evans#2 Pit dewatering discharge system. <br /> C.1 The Pipeline will operate and be maintained until dewatering of Phase I <br /> Evans#2 Pit ceases as part of the permanent reclamation plan. Fremont's <br /> responsibility under this Agreement and to Southwest shall be to install a pipeline <br /> from the Phase I Evans#2 Pit to a mutually agreed on location in the Excelsior <br /> Ditch; and thereafter, to pump water from its de-watering activities through the <br /> pipeline until midnight, October 31, 2014. Starting on November 1, 2014 it shall <br /> be the responsibility and obligation of Stonewall to dewater Phase I, including <br /> pumping water to Southwest as required by this agreement, as well as all other <br /> statutory requirements and legal obligations for Phase 1, Evans#2 Pit operation <br /> and reclamation. This Agreement to provide Southwest with water shall terminate <br /> after completion of reclamation by Stonewall, which shall include acceptance of <br /> it's' reclamation plan by required state and local government agencies. On <br /> completion of its' reclamation plan and acceptance by required government <br /> agencies, all claims by any party to this Agreement as to any other party to this <br /> Agreement shall be fully waived and released without further consideration. <br /> D. Southwest grants permission to Fremont and Stonewall, as well as any agent <br /> acting on behalf of Fremont and Stonewall, to enter onto the Southwest Property <br /> during regular business hours in order to repair and maintain the Pipeline as <br /> needed. In the event of an emergency, Southwest also grants permission to <br />