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per minute, and pump to a mutually agreeable point on the Excelsior Ditch water <br />from its de- watering activities that otherwise would be pumped to the Arkansas <br />River. Prior to installation of the pipeline, Fremont shall consult with Southwest <br />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 government <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 government 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 C1. <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 1, including <br />pumping water to Southwest as required by this agreement, as well as all other <br />statutory requirements and legal obligations for Phase I, 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 />