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improvements, labor and related materials required to integrate the <br /> tanks into DPFI's existing water system for DPFI Farm Operation. In <br /> the event DPFI is unable to divert and obtain the water to which it is <br /> entitled from the DPFI Wells for the DPFI Farm Operation because of <br /> RMA's mining at Pit NO. 1, RMA will deliver water on demand, by <br /> truck, or otherwise, in sufficient quantity and quality to meet the water <br /> needs of those operations. <br /> b. Delivery of water to the DPFI Wells. Sixty (60) days prior to the start of <br /> dewatering Pit No.1, RMA will install, at its sole expense, a water <br /> delivery system capable of delivering water to DPFI for its irrigation of <br /> its vegetable farming operation. The water delivery system would <br /> include the installation of an eight (8) inch water line, including all labor <br /> and materials, necessary to pump water from RMA's Pit No. 1 to lands <br /> to be designated by DPFI that are located on the east side of Brighton <br /> Road (i.e., east of RMA Pit No. 1) and the installation of a pump at <br /> RMA's Pit No.1 capable of delivering water to DPFI at a rate of up to <br /> 4,500 gallons per minute. In the event DPFI's existing wells are <br /> impacted by RMA's mining and cannot provide water DPFI is entitled <br /> to irrigate its vegetable farming operations, RMA will pump water, on <br /> demand, to designated DPFI lands at a rate of up to 4,500 gallons per <br /> minute, and RMA will provide DPFI with access to the RMA's water <br /> delivery system. <br /> 3. No Violation of Law. DPFI and RMA agree that as a precondition to <br /> the agreement they need to establish, to their respective satisfaction, that the <br /> commitments summarized in this letter can be completed in a manner that will not <br /> violate the laws of the State of Colorado, Adams County, or any other local <br /> governmental or quasi-governmental authority. <br /> 4. Continued Mitigation. Should DPFI discontinue the DPFI Farm <br /> Operation or sell the property described on Exhibit A at that location, RMA will <br /> continue the mitigation measures described above to protect the DPFI Wells and <br /> ensure that they are not adversely affected by RMA's dewatering operations. <br /> However, if the historic agricultural use of the subject property is changed RMA's <br /> obligation to mitigate will terminate. <br /> 5. Authority. The parties expressly warrant that they have authority to <br /> enter into this Agreement and that the person executing this Agreement on its behalf <br /> has authority to do so. <br /> 6. Advice of Counsel. The parties to this Agreement acknowledge that <br /> each of them has received the advice of independent counsel of their choosing in <br /> connection with the preparation and execution of this Agreement, that each of them <br /> has read and has had the terms of this agreement explained to them by their <br /> [11.Agreement-Petrocco wells] -2- <br />