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Property ("Ditch Maintenance Easement") from Mineral Reserves. Mineral Reserves <br />shall effectuate this grant by executing an easement deed ("Easement Deed") the form of <br />which is attached hereto as EXHIBIT C. This Agreement shall not become effective <br />unless and until the executed Easement Deed is delivered to the Ditch Company. <br />4. CONSTRUCTION. <br />4.1. Lafarge shall be responsible for the realignment of the Ditch over the Lafarge <br />Property and the completion of the Installations pursuant to the plans and specifications <br />("Plans") approved by Ditch Company attached hereto as EXHIBIT D. <br />4.2. Lafarge agrees that the construction of the Installations permitted hereunder shall <br />proceed expeditiously and with reasonable diligence from the commencement of <br />construction to its completion. Lafarge shall commence construction of the Installations <br />no earlier than the date of the execution of this Agreement and the fulfillment of the <br />conditions precedent described in ¶3, whichever occurs later, and shall complete the <br />construction no later than December 31, 2007. If the Installations are not completed by <br />December 31, 2007, then this Agreement shall expire and be of no force and effect. <br />4.3. The Installations shall be constructed in such a manner so as not to interfere with <br />the flow of water through the Ditch to the Ditch Company's shareholders. Lafarge shall <br />be responsible for the carriage of water, including drainage water, across the land while <br />the Installations are being constructed. Lafarge shall pay as liquidated damages one <br />thousand dollars ($1,000) per day for any day that the Ditch Company has a request for <br />water from a shazeholder or shareholders and cannot deliver water to the shazeholder or <br />shareholders as a direct and proximate result of the construction agreed to herein. <br />4.4. Upon completion of the Installations, Lafazge shall notify Ditch Company. Ditch <br />Company shall accept or reject the Installations no later than thirty (30} days after the <br />Ditch Company has tested the Installations. However, Ditch Company shall not be <br />required to accept or to reject until and unless all fees billed to Lafarge have been paid <br />pursuant to ¶9. Ditch Company shall not unreasonably withhold or delay its acceptance. <br />Ditch Company's acceptance or rejection of the Installations shall be in writing. If the <br />Installations are rejected, then Ditch Company shall specify the reasons for rejection, <br />Lafarge shall correct the errors and the above process shall repeat. <br />4.5. Ditch Company's review and approval of the Plans for the Installations is only for <br />the purpose of verifying Lafarge's compliance with this Agreement and shall not be <br />construed or interpreted as a technical review or approval of Installations' actual design <br />or construction. Ditch Company's review and approval of the Plans is solely for its own <br />benefit and creates no benefit or right in Lafarge or any third party. By reviewing and <br />approving the Plans, the Ditch Company is not warranting that the Installations, if <br />constructed in accordance with the Plans, will comply with any applicable laws, <br />engineering standards or safety standazds. The Ditch Company shall not be liable for any <br />defects in the Plans. Notwithstanding any consents or approvals given to Lafarge by the <br />GlOOCUME-1\SJANZEN0.OCAL5-1lTEM%C.NOTES.DATA\-6892667 DOC 9NI04 3:3~ PM MEW <br />