1989-12-07_REVISION - M1981302 (6)

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effect and be binding upon the parties, their successors and assigns, unless or until The Water Users waives the terms hereof in writing or until entry of an administrative or judicial determination modifying this Agreement or determining that the provisions hereof are no longer re- quired. 5. THE WATER USERS' AGREEMENT. In consideration of the covenants and agreements of Flatiron, The Water Users hereby: a . Acknowledges that it has no objection to the special use permit issued to Flatiron by Boulder County for the Deepe Farm and consents to make no objections to such permit in future reviews of such per- mit. b . Acknowledges that it has no objections to the mining permit which Flatiron has received from the Colorado Pained Land Reclamation board for the Deepe Farm. c . Covenants that it will not raise any objection to the mining or reclamation conducted in accordance with the provisions hereof and the approved mining and reclamation plans, commence any litigation seeking injunctive or compensatory relief arising therefrom except for violation of the covenants and agreements set forth herein, commence or cause to be commenced any administrative or judicial proceeding seeking different augmentation provisions for Flatiron , or seek or support any terms of augmentation or change of use in any administrative or judicial proceeding at variance with the terms of this Agreement. 6. TERMINATION OF AGREEMENT. In the event that anv administrative or judicial proceeding requires different augmentation or change of use provisions than as provided herein, then this Agreement, at the written reauest of Flatiron, shall be null and void, and all water rights which have been conveyed or assigned to The Hater Users pursuant hereto Shall be returned to Flatiron, its successors or assigns. Notwithstanding any provision in this Agreement to the contrary, no right to conveyance or reconveyance of any water rights shall continue more than 21 years after the death of the last to die of Ed McDowell , his wife, Kay McDowell , or any of their issue living as of the date of this Agreement. 7. ENFORCEMENT. This Agreement may be enforced by The Water Users, or any of its members who a Wadversely affected by any violation of any term hereof, by seeking any appropriate equitable and legal remedies, including injunctive relief, specific performance and damages. In the event that litigation is commenced by The Water Users or any of its mem- bers to obtain such enforcement, and The Water Users or any member pre- vails , Flatiron and/or its successors and assigns agrees to pay for any reasonable attorneys' fees and court costs expended by The Water Users or the member in obtaining such enforcement. However, if Flatiron prevails, The Water Users, or the member instituting the litigation, shall pay Such fees and court costs expended by Flatiron. 4