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WHEREAS, to ensure Consistency and due to the number of modifications to the <br /> Original Application, the Parties deem it in the best interest of the Parties to consolidate <br /> and update the Victor Agreements into one document ("Amended and Restated <br /> Application") as set forth below. <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements <br /> contained herein, Victor and CC&V agree as follows: <br /> AGREEMENT <br /> 1. Volumes of Water and Term. Subject to the provisions of this Application, <br /> Victor agrees to provide to CC&V up to 1300 acre feet per year of raw water as requested <br /> by CC&V("Victor Water")for use in its operations on an as available basis as well as the <br /> Transferred Water to be purchased from Cripple Creek for the benefit of CC&V pursuant <br /> to that certain Water Purchpse Agreement by and between Cripple Creek and Victor <br /> dated November 19,2015("Cripple Creek Agreement").CC&V acknowledges and agrees <br /> that Victor's obligations to provide the Victor Water and Transferred Water are subject to <br /> the limitations set forth in Paragraphs 6 and 8. <br /> Subject to CC&V's right to an extension, as described in this Paragraph 1,Victor's <br /> obligation to supply the Victor Water to CC&V and CC&V's obligation to make payments <br /> hereunder shall expire on December 31, 2024. CC&V shall have the right to extend the <br /> term of this Application by providing written notice of its intent to extend to Victor on or <br /> before July 1,2023("Extension"). The Extension shall apply to the supply of Victor Water <br /> at both Taps at a cost to be negotiated in good faith between the Parties and based upon <br /> comparable rates in the market at the time for comparable water for an additional term of <br /> 25 years commencing on January 1, 2025. <br /> 2. Uses of Water. The Victor Water shall be raw water, not treated to meet <br /> human drinking water quality standards. CC&V's use of the Victor Water shall be limited <br /> to use in mining and processing, including but not limited to mineral extraction, ore <br /> processing,dust control, mined land reclamation, replacement and augmentation,and all <br /> incidental uses related to CC&V's mining and processing operations and shall not, in any <br /> event, be resold to others. Further, CC&V shall be responsible for the use of Victor Water <br /> and any effects thereof on third parties, including, but not limited to, the effects of <br /> discharges and changes in the quality of the Victor Water or any water impacted by the <br /> Victor Water supplied to CC&V. <br /> 3. No Warranty. Victor makes no warranty as to the quality of the Victor Water <br /> or the Transferred Water delivered to CC&V. Victor agrees that CC&V may monitor the <br /> quality of the Victor Water at the facilities owned by Victor that are used to deliver the <br /> water to CC&V. CC&V acknowledges that, to the extent it desires to monitor the quality <br /> of the Transferred Water, it shall make such arrangements directly with Cripple Creek. <br /> 4. Procedure for Delivery of Water. The Parties agree that the delivery of the <br /> Victor Water and Transferred Water (collectively, the "Water"), as applicable, to CC&V <br /> will take place at Victor's facilities located at the following points: <br /> 2 <br />