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<br /> <br /> <br />to Central shall be returned to Owner free of any liens or <br />encumbrances created by Central. <br />13. In the event that the Division of Water Resources <br />does not issue a well permit sufficient to enable Owner to mine <br />and reclaim the property in accordance with Owner's approved <br />mining and reclamation plans, or, in the event that, at any time <br />in the future, the Division of Water Resources does not consider <br />the depletions from the lakes to be created ors the Property <br />sufficiently augmented pursuant to this agreement and issues a <br />cease and desist order, then this agreement shall, upon written <br />notificatio» of Owner to Central of the same, including a copy of <br />said cease and desist order, be null and void, and all water <br />rights which have been conveyed or assigned to Central shall be <br />returned to Owner free and clear of any liens or encumbrances <br />created by Central rsithin a reasonable time. <br />14. This agreement may be enforced by Central, or any <br />of its members who are adversely affected by any violation of any <br />term hereof, by seeking any appropriate equitable or legal <br />remedies, including injunctive relief, specific performance, and <br />damages. In the event that litigation is commenced by Central or <br />any of its members to obtain such enforcement, and Central or any <br />member prevails, Owner and/or its successors and assigns agree to <br />pay for any reasonable attorneys fees and court costs expended by <br />Central or the member in obtaining such enforcement. However, if <br />Owner prevails, Central, or the member instituting litigation, <br />shall pay a.ll reasonable attorneys fees and court costs expended <br />by Owner. <br />15. This agreement repzesents the complete agreement <br />of the parties hereto, and no parole modifications shall be <br />recognized. Any amendments or additions must be in writing and <br />signed by the parties to be effective. <br />16. This agreement is binding upon tyre parties, their <br />successors and assigns and shall be a covenant which runs with <br />the land described on Exhibit "A" and the water rights described <br />on Exhibit "C". <br />17. Owner agrees at all times to indemnify and to keep <br />indemnified Central, its officers anti directors, and to hold ar:d <br />save them 'harmless from and against all liability for dau~ages, <br />loss, costs, charges, and expenses of any kind and nature what- <br />soever, including attorneys fees, which they snay~ at any time, <br />sustain or incur by reason of or in consequence of Owner's mining <br />operations or rc:clamatiorr of the property or as a consequence of <br />this agreement. <br />-4- <br />