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Diamond Lazy L Ranch Enterprises, LLC (~ and Delta County <br />Access and Water Pipeline Agreement <br />3.2 Governmental Regulations: The County, in its operations, shall comply with al] applicable <br />governmental regulations including, but not limited to, those of the Division of Reclamation, Muting <br />and Safety and Colorado State Regulations relating to noise levels and dust control measures. <br />3.3 Operating Hours; Except in the event of an emergency, the County shall conduct its operations <br />utilizing 10 hour work days between the hours of 7:00 A.M. and 6:00 P.M. on weekdays except <br />holidays. <br />3.4 Insurance and Indemnification Each party shalt insure, indemnify and hold harmless the other party <br />from any and all liability to any third party for injury or damage to person or property caused by the <br />indemnifying party's acts or omissions. This indemnification shall include any claim made by an <br />office, agent or employee of the County against Ranch arising under this Agreement and the <br />contemplated operations by the County under it. <br />3.4.1 Indemnification shall include all costs, including attorney's fees, incurred by the County or <br />Ranch; in defending any thud-party claim arising as a result of the acts or omissions of the <br />indemnifying party. <br />3.5 Paragraph Headings: The paragraph and section headings employed herein aze for convenience of <br />reference only and shall in nowise be construed so as to enlazge or proscribe the substantive meaning <br />of any portion of this Agreement. <br />3.6 Li[i atg ion: Any litigation which arises under this Agreement shall be conducted in the District Court <br />of Delta County before a Judge not regularly assigned to this Court. <br />3.6.1 The Party ultimately prevailing in any such litigation shall be entitled to an awazd of its <br />reasonable attorney's fees as portion of its costs awarded in its judgment. <br />3.7 No Oral Agreements; This instrument contains the entire Agreement between the parties and each <br />acknowledges that no oral representation is being relied upon in its execution. <br />3.7.1 This Ageement may only be amended in writing. <br />3.8 Binding Effect: This Agreement shall extend to and be binding upon the successors and assigns of [he <br />parties hereto and upon the heirs and personal representatives of Ranch. <br />3.9 Drawing. A drawing is attached as a sketch to identify the lands discussed, the water pipeline and <br />water meter location, the water pipeline easement proposed, existing access roads, and relative <br />property lines. Final location of road rights of way will be det(((ermined after completion of mining. <br />3.10 Effective Date; The effective date of this Agreement is , 2007 <br />EXECUTED in Delta, Delta County, Colorado, by: ~ rGI~~~~J,~ ,A~ <br />~ (Q'f_ ~" " "~ <br />D' d Lazy L terp 'ses, }/ <br />_..__ (print name) ~Q vFCPat it ~~~~ <br />Title: <br />t title) <br />M:\Engineering\gravel pits\GravelPitGeneral\Whiting\stroud\StroudContractFINAL.doc <br />Page 3 of 5 <br />