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• AGREEMENT l G. Evenst, Inc and Lupton 8otlom Ditch Company TERMINATION of the Agreement and the conditions of termination are defined the end of the Agreement. 2. NOTICE -Any NOTICE pertaining to this agreement shall be in writing and delivered in person, or mailed by certified return receipt U.S. Mail, or by a nationally recognized overnight courier service, to the party to receive such notice at the following addresses: The Lupton Bottom Ditch Company P.O. Box 305 Fort Lupton, CO 80621-0305 L. G. Everist, Inc. 7321 East 88'" Avenue, Suite 200 Henderson, CO 80640 All NOTICES shall be effective upon receipt by the party to receive such NOTICE, or by the third day following deposit of said NOTICE in U.S. Mail, or the first day following deposit of said NOTICE to a nationally recognized overnight courier service, or upon acknowledgement of refusal of delivery of said NOTICE. 3. EVERIST will give NOTICE to LUPTON BOTTOM thirty (30) days prior to commencing any construction which crosses over or under the DITCH or may, in any way, affect the LUPTON BOTTOM DITCH. 4. The WARRANTY PERIOD of this Agreement commences with the initial relocation of the LUPTON BOTTOM DITCH by EVERIST and continues for five (5) years after the replacement and rebuilding of the LUPTON BOTTOM DITCH has been completed. NOTICE will be sent to LUPTON BOTTOM thirty (30) days prior to commencing the initial relocation of the LUPTON BOTTOM DITCH. NOTICE will be sent to LUPTON BOTTOM upon completion of the replacement and rebuilding of the LUPTON BOTTOM DITCH; at which time the five (5) year period will begin. Ninety (90) days prior to the end of the WARRANTY PERIOD, the LUPTON BOTTOM DITCH will be tested by a qualified engineer to ensure that the LUPTON BOTTOM DITCH is functioning correctly and is not subject to any major repairs. If no repairs are required, the WARRANTY PERIOD will end at the end of the five (5) year period. Should any repairs be required, if they are completed within the ninety (90) days, the WARRANTY PERIOD will end at the end of the five (5) year period. If repairs are required and are not completed before the end of the five (5) year period of the WARRANTY PERIOD, the WARRANTY PERIOD will stay in effect until said repairs have been completed. 5. For the duration of the WARRANTY PERIOD, EVERIST will agree to the following: a. EVERIST will have the right to mine the LUPTON BOTTOM PROPERTY, and, in which event, will relocate the LUPTON BOTTOM DITCH during a period of no water flow, from November 1, 2002 through February 28, 2003.