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4. Public Recreational Act. The parties acknowledge that the Grantor enjoys significant limitation on its potential liability which may arise from use of the Property and the Gravel Pit by members of the public for public recreational purposes pursuant to the provisions of Article 41 of Title 33, C.R.S., as may be amended. 5. Grantee Liability Exposure. Notwithstanding any other provision of this Easement to the contrary, no term or condition of this Easement shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits, or protection provided to the Grantee under the Colorado Governmental Immunity Act, §§ 24-10-101, et seq., C.R.S., as amended or as may be amended (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). The Parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of§§ 24-10-101, et seq., C.R.S., as amended or as may be amended, and §§ 24-30-1501, et seq., C.R.S., as amended or as may be amended. Any provision of this Easement, whether or not incorporated herein by reference, shall be controlled, limited, and otherwise modified so as to limit any liability of the Grantee to the above-cited laws. 6. Term. The term of this Easement shall be for five (5) years, starting on the Effective Date of this Easement. 7. Linkage with the Augmentation Water Agreement. If for any reason the State defaults on the terms of the Augmentation Water Agreement, then this Easement shall automatically terminate, and MidWestern Farms shall no longer be obligated to provide any access to its Property, including the Gravel Pit. 8. Relinquishment at Termination. At the termination of this Easement, all rights of access and use provided under this Easement shall revert back to MidWestern Farms, and any use of the Property (including the Gravel Pit) by the public or DOW shall cease. 9. Amendments. This Easement may only be amended by written agreement executed by all Parties hereto. 10: Captions. Th. ca-*ic A�> >.�sed i�i this Easement are for convenience on',/ and shall not limit the meaning of the langaage .ontained herein. 11. Succession. The covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the respective parties. 12. Special Provisions. MidWestern Farms and the State further agree to the covenants and conditions as set below. (a) The laws of the State of Colorado and riles and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement. Any provision of this Agreement whether or not incorporated herein by Fishing&Hunting Access Agreement Granada SWA-Midwest Farms Page 4 of 7