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upon execution of this Agreement. The Company does not anticipate engineering fees at this time. <br /> Administration and operation fees in an annual amount not to exceed $300.00 shall be paid on or <br /> before October 15, 2021, <br /> 4. Company shall be responsible for the maintenance and operation of the Structure. Company <br /> shall provide to Aggregate Industries a letter confirming the delivery of shares to the Structure. <br /> Aggregate Industries is responsible for all measurement, accounting and reporting related to the <br /> amount of water delivered through the Structure to the State or Division Engineer and Company <br /> accepts no obligation or responsibility for said measurement or accounting, Aggregate is also <br /> responsible for coordinating deliveries with the ditch superintendent,within the delivery limitations <br /> described in this agreement, and coordinating and reporting deliveries to the District Water <br /> Commissioner as necessary. <br /> 5. The term of this agreement shall be from April 1,2021 to October 15,202 1,to allow for the <br /> carriage and delivery of 13.5 shares of Whitney Irrigation Company water rights to the Structure, <br /> The term of this agreement is not necessarily representative of the irrigation season, or period of <br /> ditch operations, which vary in any given year. <br /> 6, Aggregate Industries does hereby indemnify and agrees to hold Company harmless of and <br /> from any claims or cause of action by third parties against Company due to the existence or <br /> execution of this Agreement or arising out of the diversion and carriage of Aggregate Industries <br /> water into the Ditch and subsequent delivery into the Structure. <br /> 7. No act by Aggregate Industries under this agreement shall be considered, or claimed by <br /> Aggregate Industries, to be adverse possession of the Ditch or other property of Company. <br /> 8. This, document represents the complete agreement of the parties hereto and no oral <br /> modification shall be recognized. Any amendments or additions shall be made in writing signed by <br /> the parties, <br /> 9. Neither party may assign or transfer all or any part of this Agreement. <br /> 10. This Agreement is binding upon the parties, their successors and assigns. <br /> IN WITNESS WHEREOF, The Whitney Irrigation Company has,by the authority of its <br /> Board of Directors,caused this Agreement to be executed by its President,and Aggregate Industries, <br /> has caused this Agreement to be executed. <br /> DATED the date and year first written above, <br /> AGGREGATE INDUSTRIES-WCR THE W ITNEY IRRIGATION COMPANY <br /> .................. <br /> By:_I."e By: <br /> W. Chance Allen,Regional General CRAW, J.rMt President <br /> Manager <br /> 2 <br />