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408323 02-22-2017 Page 9 of 16 <br /> 20. R.�pres ntatEt�ns,and.-_t_arranties,_of,Rial t?. As paid of the consideration fir the <br /> execution of this Agreement, Rialm hereby represents and warrants: (a) it is the owner of the <br /> Sheep Mountain Property where the. Easements are located. free and clear of all liens and <br /> encumbrances, (b) it has the full authority to enter into and perform this Agreement and is not <br /> violating any obligation to a third party in doing so, (c) there is no pending or threatened <br /> litigation or claims that concern the Sheep Mountain Property, and (d) so lone; as the District <br /> pertbrms its obligations under this Agreement. the District shall have the quiet possession and <br /> enjoyment of the Easements. <br /> 21. Noninterference. Rialm shall not impair or interfere with the full use and <br /> enjoyment of the Easements by the District. including placing any improvements upon or over <br /> the Easements except for typical roadway surfacing, or as otherwise mutually agreed in writing. <br /> 22. 'Title-_Insurance. Rialm shall upon execution of this Agreement provide the <br /> District with a copy of Rialm's most current title insurance policy. Should the District desire to <br /> obtain its own policy of title insurance upon the Easements for its easement interests, there that <br /> policy shall be obtained by the. District at its expense. <br /> `?5. Insurance. During the terns of the Agreement, the District shall at its expense <br /> keep in full force and effect a liability insurance policy, naming Rialm and its ranch manager as <br /> additional insureds, covering the District's use ofthe Easements with rninirnum policy limits of <br /> $1,000,000.00. The District shall increase said limits over time as reasonably necessary to <br /> similarly protect the District, Rialm, and Rialm's ranch manager. A certificate of insurance shall <br /> be provided to Rialm. <br /> 24. Prohibiting Hazardous Materials. Except in strict compliance with all environmenW <br /> laws, rules and regulations for materials commonly used in the District's business operations, the <br /> District shall not cause, permit or allow any hazardous materials, as defined by Colorado and <br /> Federal law, to be brought upon, treated, generated, used, or allowed to remain upon the Sheep <br /> Mountain Property, including the Easements. <br /> 23. Public Polite. The intent of the parties is that this continuing Agreement for <br /> construction and operation of a water storage reservoir is in furtherance of the public policy of <br /> the State of Colorado by(I)furthering the rnax➢main utilization of the District's water rifzht.s, and <br /> (2) assisting in providing a continuing water storage to the District as a public entity providing a <br /> source of augmentation water to its public constituency. <br /> 24. Default. The District shall be in default of this Agreement if it fails to comply <br /> with any provisions of this Agreement and does not cure such failure within sixty(60):jays after <br /> Rialm, by written notice, has informed the District of such noncompliance. In the case of a <br /> noncompliance which cannot reasonably be cured within a period of sixty (60) days, the District <br /> shall have such additional time to cure the same as may be reasonably necessary, not to exceed <br /> 9 <br /> 110 <br />