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Page 2 <br />Mr. Bill Wright <br />October 26, 2005 <br />for a sufficient period afrer reclamation to effectively establish that there is no damage <br />from seepage to the ditch. <br />3. Prior to the start of mining and during the mining operations, Lafarge agrees to allow <br />access across the property for Brighton Ditch Company personnel or their representatives <br />to perform ditch maintenance and operation activities. Brighton Ditch Company will be <br />responsible for any fence repairs, other property damage, or personal injury related to or <br />arising from their operations on the Riverbend property as amended. <br />4. During mining and reclamation activities, which are estimated to take approximately 30- <br />35 years to complete, roads will be available and access will be allowed for the <br />maintenance and operation of the ditch. Lafarge further acknowledges the ditch <br />company's historic non-exclusive easement and all existing rights associated with the <br />ditch. Lafarge will be responsible for maintaining ingress and egress to the ditch and will <br />not place stockpiles or equipment within the easement that could block access for the <br />Ditch Company without written notification and approval of the Ditch Company. <br />The course of the South Platte within the permit boundary will not be changed due to <br />mining or reclamation activities. <br />6. Consistent with permitting requirements, Lafarge agrees to provide compensation for any <br />unforeseen damage to the Brighton Ditch or associated structures caused by mining <br />activities. However, prior to commencing mining, Lafarge will work with representatives <br />of the Brighton Ditch Company to specifically address the details needed to insure that <br />the ditch and appurtenant structures are protected. <br />7. Lafarge has the authority to represent the landowners within the Riverbend permit <br />boundary per their respective lease agreements for mining, permitting and reclamation of <br />their property. See attachment for copy of lease agreement. <br />8. Lafarge agrees to pay for the Ditch Company's legal and engineering fees associated with <br />this permit application and for fees related to future agreements. <br />9. Operator agrees that if by reason of its construction, operation or mining of said gravel pit <br />any damage, increased seepage or break in or to the Brighton Ditch occurs, Operator will <br />with all due diligence, repair and replace such property of The Brighton Ditch Company <br />in substantially the same condition as the same was in prior to such a break, increased <br />seepage or damage and will pay any and al] monetary damages resulting from such break, <br />increased seepage or damage sustained or incurred by The Brighton Ditch Company or <br />its stockholders or water users. <br />10. Operator further agrees to indemnify and save harmless The Brighton Ditch Company, its <br />successors, assigns, employees and stockholders and save and hold them harmless from <br />