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and the approved mining and reclamation plans, or comr,,ence any litiga- <br />tion seeking injunctive or compensatory relief arising therefrom except <br />for violation of the covenants and agreements set forth herein. <br />7. TERMINATION OF AGREEMENT. In the event that no Mining and Reclama- <br />tion Plan is finally approved by Weld County and the Colorado Mined Land <br />Reclamation Board, that mining permits are not granted, or that Western <br />Paving does not mine the property, this Agreement, at the written request <br />of Western Paving, shall be null and void, and all water rights which <br />have been conveyed or assigned to the Water Users pursuant hereto shall <br />be return to Western Paving, its successors or assigns. <br />8. ENFORCEMENT. This Agreement may be enforced by the Water Users, or <br />any of its members who are adversely affected by any violation of any <br />term hereof, by seeking any appropriate equitable and legal remedies, <br />including injunctive relief, specific performance and damages. In the <br />event that litigation is commenced by the Water Users or any of its <br />members to obtain such enforcement, and the Water Users or any member <br />prevails, Western Paving and/or its successors and assigns agree to pay <br />for any reasonable attorneys' fees and court costs expended by the Water <br />Users or the member in obtaining such enforcement. However, if Western <br />Paving prevails, the Water Users, or the member instituting the litiga- <br />tion, shall pay such fees and court costs expended by Western Paving. <br />9. EXHIBITS. All exhibits referred to in this Agreement are, by <br />reference, incorporated herein for all purposes. <br />10. BINDING EFFECT. This Agreement shall be binding upon the parties, <br />and their respective successors and assigns. <br />DATED: 7'ccErn~.1~ ~I~GSry <br />WESTERN PAVING CONSTUCTION COMPANY, <br />a Colorado corporation <br />l/ / <br />Y CCC~~~"` <br />THE RURAL DITCH COMPANY, a Colorado <br />mutual ditch company <br />gy SK~,yA-rv.z~,. ~nC~c nTrAC.rIED <br />THE SMITH AND EMMONS D N CH COMPANY, <br />a Colorado mutual ditch company <br />BY ice- ~!' Ps <br />THE WATER USERS ASSOCIATION OF <br />DISTRICT N0. 6, a Colorado <br />nonprofit corporation <br /> <br />THE GODDING DITCH COMPANY, a <br />Colorado mutual ditch company <br /> <br />- 6 - <br />