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3762036 04/13/2011 01:01P Weld County, CO <br /> 14 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> iii. In the event Aggregate were to propose an amendment to <br /> significantly increase the surface areas of the unlined ponds, <br /> Aggregate shall be responsible for providing the increased <br /> augmentation water required for such enlargement, and for <br /> demonstrating to Longmont that the enlargement would not <br /> impair the Integrated Plan nor increase Longmont's costs. <br /> h. Reclamation Cost. Aggregate shall be responsible for and pay the <br /> cost of all reclamation of the Combined Properties, provided that <br /> the payment of such cost shall not include water for such <br /> reclamation,which is provided for in Section 3o below,or any other <br /> cost specifically allocated to Longmont pursuant to the provisions <br /> hereof, and Aggregate: <br /> i. At its cost,shall be responsible for permitting, designing, and <br /> constructing all ditches, ponds, and structures, including, <br /> but not limited to, check dams, spillways, outlet channels, <br /> inflow control boxes and bypass structures for the Coffin- <br /> Davis Ditch, all in accordance with and as required by the <br /> Integrated Plan; <br /> I Shall maintain such structures and warrant to Longmont the <br /> design and construction of such structures from defects for a <br /> period of three years after completion of each such structure; <br /> iii. Shall not be entitled to the release of its reclamation bonds <br /> covering such structures until the end of such warranty <br /> periods; <br /> iv. Shall hold harmless, defend, and indemnify Longmont for all <br /> costs, liability, and claims arising from said design, <br /> construction and maintenance of such structures during the <br /> warranty period. <br /> i. Cooperation by Longmont. Longmont shall reasonably cooperate <br /> with Aggregate in Aggregate's efforts to comply with permit, legal <br /> and regulatory requirements related to mining and reclamation on <br /> the Combined Properties, the Irwin-Thomas Property and the Tull <br /> Property. <br /> j. Oil & Gas Pipeline/Well Areas. Notwithstanding any other <br /> provision of this Second Amended Lease and absent further <br /> agreement between the parties, Aggregate shall not be obligated to <br /> mine sand and gravel within any easements for oil and gas <br /> pipelines, wells or gathering facilities across the Bigelow Property <br /> and/or the Landfill Property, or to move such oil and gas pipelines, <br /> Page 14 of 32 <br /> Aggregate Industries <br /> Final <br />