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E;4•;rjy/20fJ9 15:52 1-970-259-3631 4 CORNERS MATERIALS PAGE 04/05 <br />adequate terms and conditions in. any final decree, could potentially have an <br />injurious effect on Lessors' water rights in the Leased eater. In the event <br />Lessors determine Haat an application. for water. Tights could potentially have <br />an injurious -effect on Lessons' water rights in the Leased Water, the parties <br />shall confer in good faithto decide whether or not to file an objection thereto. <br />If the parties decide an abjection is warranted, Lessee will file the objection <br />on behalf of Lessors at Lessee's sole expense. Lessee shall be entitled to <br />have full and complete discretion to prosecute the objection as it sees fit, and <br />may settle the objection on terms it deems reasonable, subject to final written( <br />approval by Lessor, which approval shall not be unreasonably withheld; <br />provided however, that Lessors may prosecute, at Lessors' expense, any <br />defense of its crater rights in matters the Lessee has determined it will not <br />defend. <br />3.3. (Lessors to 1?for al��xas Fuel Supply. Lessors shall provide, <br />and be responsible for all costs associated with, natant gas fael supply to the <br />extent available, to power the Gosney Alternative Pump Station pump motor. <br />If Lessors are unable to deliver natural gas fuel supply, Lessee will make <br />other reasonable fuel arra gements, such as prop"e, in which case Lessee <br />will be givers a credit against Lease Rate payments due hereunder, for the cost <br />of uicb fuel consumed. <br />3.4. Default: Enforcement, In the event Lessee shall fail, wicthin 30 days <br />after written notice, to make any payment required hereunder or to remedy <br />any other default, this Water Lease may, at the option of Lessor, be <br />terminated and Lessee shall have no further rights hereunder. In the event <br />suit is brought to enforce the terms of this Water Lease, the prevailing party <br />shall be awarded reasonable attorney fees. <br />4. Ratification. Except as specifically provided herein, the provisions of the Mater <br />Lease shall remain in full force and erect and are hereby ratified and reaffirmed by the parties • <br />S. M—ult ple Qdginals. This Amendment may be simultaneously executed in any <br />number of cournetpar's, each of which shall be deemed original but all of which shall constitute <br />one and the same Agreement. <br />5. Recording. The parties agree to execute a memorandum of this Amendrtkent anal <br />to record the same in the real property records for La Plata County, Colorado, along with a <br />memorandum of the ,Agreement to the extent such memorandum has not previously been <br />recorded. <br />IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first <br />above written. <br />(oo0951 90 / 1) 3 <br />