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ensure the continued full and free passage of water though the underground pipeline. <br />Moltz shall pay for the necessary cleaning, maintenance and repairing of the open ditch <br />and 30 inch underground conveyance pipeline and any cleanouts that may be required. <br />All construction, maintenance orotherworkto be performed hereunder, shall be performed <br />in a workmanlike manner and in compliance with all applicable laws, codes, rules and <br />regulations. Mollz shall be solely responsible for, and shall immediately repair, any and <br />all physical damage which may t>e caused by the backflow of water at the intake grate due <br />to lack of regular maintenance. In the event that accumulated debris at the intake grate <br />causes upstream portions of the open d'Ach to fail, Moltz agrees to immediately repair the <br />ditch. If Moltz is not available to immediately repair any such damage, and should Schoger <br />undertake to repair the damage, MoNz shall reimburse Schoger for any and aft expanses <br />incurted for such repair. <br />6. Enti[e_Agreement. This Agreement represents the entire agreement of the parties <br />with respect to the subject matter covered herein. All negotiations, considerations, <br />representations and understandings between the parties are incorporated and merged <br />herein. <br />7. Coooeratlon. The parties shall cooperate with one another in good faith In the <br />performance of this Agreement. <br />8. Enforcement. Subject to the emergency repair provisions in paragraph 5 herein, <br />any party who believes that another party is in material non-compliance with this <br />Agreement shall first inform the Calmed defaulting party, In writing, of the specific basis for <br />the alleged default. Thereafter, the party receiving such notice shall have a period of <br />fifteen (15) days thereafter in which to cure any default. During such cure period, the <br />parties shall work together in good faith to resolve any disagreement as to compliance with <br />this Agreement. <br />9. f I . Upon breach of this Agreement, and after the expiration of the applicable <br />cure period, if the parties are unable to resolve their disagreement in good faith, the parties <br />shall submit the dispute to a binding arbitration process for resolution. The provisions of <br />the Uniform Arbitration Act, C.R.S. § 13-22-201 et seq. which are in effect at the time the <br />dispute arises shall apply to any arbitration proceeding, and a single arbitrator shall control <br />the disposttion of any dispute. In selecting an arbitrator, each party shall nominate three <br />candidates. If each party names the same candidate, that candidate shall serve as <br />arbitrator for the dispute resolution proceeding, ff the parties are unable to agree on a <br />candidate to serve as arbitrator, the parties shall mutually agree and appoint a neutral third <br />party who shall designate an individual to serve as arbitrator for the dispute resolution <br />proceedings. <br />10. R~,gordino. This Agreement shail be recorded with the Cf+affee Ceunty Clerk and <br />Recorder's Office. <br />11. Attomevs' Fees. In the event of any dispute between the parties concerning this <br />F:lcpmll$Gggir10ra1t Rebcalion Easement Apreemen1.09.27.Ot3r+pA <br />CT~I: J nR'.~ <br />b6Z£ 56£ 6TL:01 <br />b£2TTLb6TL tlIH0Iln0 NOSNOW 113.~~4g2Ij Sb~80 5002-82-d35 <br />