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Water Users shall pay all ditch assessments. Voting of the shares transferred pursuant to this Agreement shall be determined by the Board of Directors of the Water Users Association of District No. 6. 1. To reimburse the water users for its necessary and rea- sonable expenses incurred in connection with its review of the mining and reclamation plan and the preparation of this Agreement. 4. INDEMNIFICATION. Western Paving hereby agrees to at all times indemnify and keep indemnified the Water Users Association of District No. 6, the Rural Ditch Company, the Smith and Emmons Ditch Company, the Godding Ditch Company, and their respective officers and directors, and hold and save them harm]ess from and against all liability for damages, loss, costs, charges and expenses of whatever kind and nature, including attorneys' fees, which they or any of them shall or may, at any time, sustain or incur by reason or in consequence of Western Paving's mining operations or reclamation of the Connonwood Farm or the relocation and reconstruction of the Rural and the Smith and Emmons Ditch, as contem- plated hereby. 5. COVENANT RUNNING WITH THE LAND AND WATER RIGHTS AND EASEMENT. This Agreement shal e a covenant which runs with the and descri ed on Exhibit A, and the water rights described above, and shall continue in effect and be binding upon the parties, their successors and assigns, unless or until the Water Users waive the terms hereof in writing or until entry of a judicial determination modifying this Agreement or determining that the provisions hereof are no longer required. The Water Users, Rural and Smith and Emmons shall have an easement for con- veying water and for operation, maintenance and repair of the ditches, as relocated, which easement shall be limited to reasonable access for the aforementioned purposes. The rights of the Water Users, Rural and Smith and Emmons to use the original ditches shall terminate after the new ditches have been in operation, and operated properly for one full irrigating season. 6. WATER USERS' AGREEMENT. In consideration of the covenants and agreements of Western Paving, the Water Users, Rural, Godding, and Smith and Emmons hereby: a. Withdraw any and all objections to the special use appli- cation which Western Paving has filed with Weld County and consent that the same may be issued at the discretion of Weld County. b. Withdraw any and all objections to the granting of the mining permit which Western Paving has applied to the Colorado Mined Land Reclamation Board for and consent that the same may be issued at the discretion of the Colorado Mined Land Reclamation Board. c. Covenant that they will not raise any objection to the mining or reclamation conducted in accordance with the provisions hereof - 5 -