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billing. Under no circumstances shall Ditch Company be responsible or held liable for <br />damages to the Installations resulting from maintenance or repair of the Installations, <br />7.4. For the purposes of ¶ 7.3 an emergency is defined as: a) a situation that impacts <br />the ability of the Ditch Company to take delivery of water when such water is legally <br />available under the laws of the State of Colorado; orb) as a situation that becomes known <br />that presents an immediate threat to the public health or safety. <br />?.5. Lafarge shall at all times during the Warranty Period maintain with the Ditch <br />Company the name, address and telephone number of people who shall be responsible for <br />fulfilling the maintenance responsibilities set forth in this Agreement. The initial <br />responsible people will be the following: <br />Lafarge: <br />Lafarge West, Inc. <br />c/o Eric Reckentine <br />1400 W. 64`h Avenue <br />Denver, CO 80221 <br />303-657-4330 <br />7.6. Lafarge shall place no additional structures other than the Ditch and the Ditch's <br />appurtenant facilities shown in the Plans attached as EXHIBIT D within the Ditch <br />Maintenance Easement without the Ditch Company's prior written approval. <br />8. INSPECTION. <br />8.1. Lafarge shall notify Ditch Company at least five {5) days prior to commencing the <br />initial construction of the Installations. Lafarge shall notify Ditch Company at least five <br />(5) days prior to commencing construction of any replacement or repair of the <br />Installations permitted by this Agreement, except for emergency repairs provided for in ¶¶ <br />7.3 and 7.4 of this Agreement. <br />8.2. Ditch Company is permitted to inspect the Installations or replacement and repairs <br />of the Installations during and after construction. Ditch Company's right to inspect the <br />Installations or the replacement of the Installations in noway relieves Lafarge of its <br />liability for improper construction or maintenance. Ditch Company's inspection is solely <br />for the benefit of Ditch Company and creates no obligation to Lafarge or any third party. <br />C:IDOCUME-115JANZENILOCALS-11TEMPICNOTES.DATA1-469266].DOC 95/Oa 3:3] PM MEW <br />