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408323 02-22-2017 Pagel 0 of 16 <br /> one hundred eighty (180) days, provided that the: District proceeds promptly acid with dice <br /> diligence to commence and complete the fair' of such noncompliance after receipt of said notice. <br /> Should Rialm be in Tioncornpliance under the terms ofthis Agreement, then REalni shall have. the <br /> same cure rights as the. District as set k-i-th above. The cure provisions of this paragraph shall <br /> not prevent either party from seeking injunctive relief to prevent immediate irreparable injury. <br /> 24. Remedies.s. In the event of a default under this Agreement, the non-defaulting <br /> party shall be entitled to terminate this Agreement andior to proceed with the remedies-, available <br /> to it under Colorado law. The parties acknowledge that the remedies of specific perfcirniance <br /> and injunctive relief shall he available to the parties. <br /> 26. f#inding Arbitration. In the event of any dispute between the parties under this <br /> Agreement, the parties agree to submit such dispute to bidding arbitration by a single, Mutually <br /> agreed upon and dI interested arbitrator. all under the roles and procedures of the American <br /> Arbitration Association or replacement agency in place at the tune, If the arbitrator cannot be <br /> mutually agreed upon, then the Huerfano is aunty District Court shalt appoint the single <br /> arbitrator. Provided, however. the parties shall still be entitled to seek rniunctive relief by the <br /> Huerfano County District Court in the event of immediate concerns and the need to preserve the <br /> status quo during the pendency of the arbitration process, such as, without lusiitation. assuring <br /> c'inLtiiig, diversions o %vater into storage and deliveries o water from storage to the Huertano <br /> River. <br /> '7 Restoration of Reservoir Site. Within six months after arty termination of this <br /> Agreement by Rialm, surrender of the. Easements by the District. or the expiration of this <br /> Agreement by its terms, the District shall, upon written request by Rialm, remove the District's <br /> improvements to the Slieep Mountain Property such as, without limitation, Purnp Station, <br /> tenCn7 , utility` vaults, and unburied portions of ail)' plastic reservoir lining. The District shall <br /> reasonably restore the Sheep Mountain Property after such removal. This removal and <br /> restoration obligation shall not be applicable to the Reservoir itself, head;gate, pipelines, and <br /> roadway access. <br /> 23, Aathority. Upon. execution of this Agreement, each party shall provide the other <br /> party with a proper resolution of its governing body authorizing the execution and performance <br /> of this Agreement. <br /> 29. No Thiri_i-.Party Beneficiart�. This Agreement :shall be for the sale benefit of the <br /> parties hereto, acid no other party is entitled to have any rights or benefits by reason of this <br /> Agreement as a third party beneficiary or othcrwisc. <br /> 30, Severa---b-ility.- Unenforceabitity of any provision contained in this Agreement shall <br /> - ------ - -- <br /> not affect or impair the validity of any other provision ofthis Agreement so long as the primary <br /> purposes ofthis Agreement remain effectuated thereby. <br /> 111 <br />