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dc,ricted on Exhibit E hereto to the point at which such Ditch Easement enters the Retainage
<br /> Parcel, as depicted on Exhibit E (the "Ditch Easement Tract"). At its sole cost and expense JV
<br /> :nay install piping, lining, crossings and culverts to transport water in the Ditch. HRC shall have
<br /> the .ic:,,ht to relocate the Ditch only with the consent of JV, which consent shall not be
<br /> unreasonably withheld, and the easement therein, and the right to install piping, lining, crossings
<br /> ari,,cl culverts, and the night to construct roads, utility lines, and related improvements through and
<br /> ac-ross the Ditch, as may be necessary or desirable in connection with the use of the HRC
<br /> Property, provided such relocation or other action does not: (i) impair or invalidate the diversion
<br /> iiglAts granted hereby or as otherwise required or permitted pursuant to applicable law; (ii) iriapair
<br /> or invalidate any water rights owned by JV and for which the Ditch is being used as a point of
<br /> ii the gravity flow of the
<br /> diversion or for water transportation; or (4 i) -prevent or interfere with IL I
<br /> water including the amount and velocity of the flow or require that JV pump water from the ditch
<br /> to its intended points of use. The easement granted herein is subject to all encumbrances of
<br /> rcc-ord to the extent they remain in existence and valid.
<br /> (c) JV shall maintain the Ditch and shall be responsible for the control of'weeds that
<br /> could interfere with the use of the Ditch.
<br /> (d) TV shall not disturb or alter the Ditch Easement Tract or any portion of HRC's
<br /> and shall, at JV's expense, in accordance with commercially reasonable standards,
<br /> restore HRC's Property, utilities and improvements, to substantially the same condition and
<br /> grade as the saine were in prior to any activity of JV in connection with the Ditch. JV shall
<br /> access the Ditch Easement Tract by means no more intrusive than lightweight pickup truck. If
<br /> heavici., or more nitrusaive equipment is necessary for JVs use of the easement granted hereunder,
<br /> J snall, obtain. HRC's Prior written consent, which shall not be unreasonably withheld or
<br /> Qv'aye-1
<br /> (e) JV shall clean, cure, repair and correct any damage to the Ditch Easement Tract
<br /> and tb--- adjacent lands of HRC caused by acts or omissions of JV, its employees, agents,
<br /> ci,.)n.tractors, subcontractors, assigns, lessees, licensees and agents (collectively and together wit'll
<br /> i V, "JA7s Responsible Parties").
<br /> (f) HRC and JV shall each have the right to the capacity of the Ditch for the
<br /> diversion o-fwater in which HRC and AT, respectively, have ownership rights. If the capacity of
<br /> the Ditch is insufficient to meet the water delivery needs of HRC and JV, now or in the future,
<br /> 1-IRC and JV shall equitably share the costs of enlarging the Ditch according to the relative
<br /> aniounts of water they are diverting through the Ditch. Such enlargement shall be done in a
<br /> manner to minimize damage to the Ditch Easement Tract.
<br /> P e.'inittees. "Permitteas" shall mean and refer to any residents, tenants, sub-
<br /> tenants, licensees, occupants, employees, contractors, invitees, and visitors of the Retainage
<br /> Parcel arcel or the HRC Property, respectively.
<br /> 4. Notices. All notices, consents, or other instruments or communications provided
<br /> for -rider this Agreement shall be in writing, signed by the party giving the same, and shall be
<br /> deemed properly given and received when actually delivered and received or three business days
<br /> after mailed, if sent by registered or certified mail, postage prepaid, to:
<br /> 723596
<br /> Page: 5 of 23
<br /> 07/30/2004 03:42P
<br /> C KRUSE CLK&REC MONTROSE, CO EASE R 118.00 D 0,00
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