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Ditch Company on the Plans, Lafarge and its consultants, by preparing any such <br />documents, shall be solely responsible for the accuracy, completeness and all other <br />aspects of the Plans. <br />5. PERMITS AND LICENSES. It is not known whether Lafarge's construction, repair or <br />replacement of the Installations on the Lafarge Property require any local, state or federal permits <br />or approvals. It is Lafarge's obligation to investigate and to determine the need for any such <br />permits or approvals. Prior to beginning construction repair or replacement, Lafarge shall be <br />responsible, at its own expense, for obtaining all applicable local, state and federal permits or <br />approvals for constructing the Installations and for complying with all associated local, state and <br />federal laws and regulations. Permits or approvals include, but are not limited to, land use and <br />environmental laws and regulations. <br />6. LICENSE FEE. Lafarge shall pay to Ditch Company a license fee of one thousand <br />dollazs ($1,000) upon execution of this Agreement. The license fee shall be in addition to any <br />other costs for which Lafarge are responsible pursuant to this Agreement. <br />7. MAINTENANCE. <br />7.1. Lafarge specifically agrees and pledges to warrant, to maintain, to repair and to <br />replace the Installations located within the Ditch Maintenance Easement on the property <br />described in EXHIBIT A for three (3) years following the Ditch Company's acceptance <br />of the Installations ("Warranty Period"). After the Warranty Period expires, the Ditch <br />Company shall maintain, repair and replace the Installations located within the Ditch <br />Maintenance Easement on the property described in EXHIBIT A. <br />7.2. Except in the event of an emergency as defined in ¶¶ 7.3 and 7.4, if, during the <br />Warranty Period, Lafazge fails to maintain, to repair or to replace any portion of the <br />Installations within the Ditch Maintenance Easement after ten (10) days notice, then the <br />Ditch Company may, at its own option, conduct its own maintenance, repair of <br />replacement. Lafazge shall reimburse the Ditch Company for the reasonable cost of such <br />work within thirty (30) days. In the event that Lafarge fails to maintain, to repair or to <br />replace the Installations during the Warranty Period, then Lafarge shall beheld liable for <br />any loss, damage or injury to the Ditch Company that is the direct and proximate cause of <br />said failure to maintain, repair or replace the Installations. If the Ditch Company <br />conducts its own maintenance, repair, or replacement, then the Ditch Company does not <br />waive the right to hold Lafarge liable for damages caused by Lafarge's failure to <br />maintain, to repair and to replace the Installations. <br />7.3. In the event of an emergency, Ditch Company andfor Lafarge may conduct <br />immediate maintenance or repair of the Installations within the Ditch Maintenance <br />Easement, but must give notice to the other parties as soon as possible at the notice <br />contacts identified in ¶12. If Ditch Company conducts the emergency work, Lafarge shall <br />reimburse Ditch Company for the reasonable cost of work within thirty (30) days of <br />C:ID000ME-1\SJAN2EMLOCALS-i1TEMP\GNOTES.DATA\-4692667.DOC 9I9~04 3:3] PM MEW <br />