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supplies for CC&Vs use. CC&V shall only purchase and use water from a third party if <br /> and to the extent that Victor cannot or does not wish to provide the full amount of water <br /> requested by CC&V. To the extent logistically possible, water purchased from third <br /> parties shall be transported through Victor's Altman Pump Station and pipeline under the <br /> provisions of this Paragraph 5. <br /> d. Operating and Maintenance Expenses. CC&V hereby acknowledges <br /> and reaffirms its obligations under the OMA, the terms of which are incorporated herein <br /> as attached and as amended pursuant to the terms of the 2008 Amendment. The terms <br /> modified pursuant to the 2008 Amendment are stated below: <br /> i. CC&V shall pay all Operating and Maintenance Expenses <br /> and Capital Improvement Costs,as each term is defined in the OMA; <br /> and <br /> ii. CC&V shall operate and maintain the following pipe and <br /> transmission lines: <br /> The pipe replacing the old leaky ditch to Bison; <br /> • The pipeline from the Cripple Creek transmission line <br /> to the five-way valve area, and to the Altman Pump <br /> Station; and <br /> • The transmission line from the Altman Pump Station to <br /> the top of Victor Pass. <br /> e. Take or Pay. CC&V shall pay for 172 acre-feet of water annually <br /> whether or not it takes any water under this agreement. In the event Victor is unable to <br /> deliver in whole or in part the purchase amount under this Take or Pay provision due to <br /> physical, legal, or administrative limitations, CC&V shall not be responsible for payment <br /> for that portion not delivered. <br /> 6. Transferred Water. <br /> a. Notice. Subject to the provisions of this Section 6, upon reasonable <br /> notice from CC&V, Victor agrees that it will purchase from Cripple Creek, for delivery to <br /> CC&V, up to one cubic foot per second (1 cfs) of the Transferred Water pursuant to the <br /> Cripple Creek Agreement. CC&V's right to delivery of the Cripple Creek Water shall be <br /> in addition and supplemental to CC&V's right to purchase water from Victor under this <br /> Application. <br /> b. Reimbursement. CC&V agrees to reimburse Victor for any and all <br /> reasonable and necessary costs and expense it incurs under the Cripple Creek <br /> Agreement ("Cripple Creek Expenses"), including but not limited to all costs (including <br /> increased lifting or pumping costs) associated with the operation of or repairs or <br /> maintenance to the Altman Pump Station or to any other component of the Victor <br /> municipal supply system that is reasonably necessitated by delivery of the Transferred <br /> Water to CC&V. Provided, however, the Cripple Creek Expenses shall not exceed the <br /> 4 <br />