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w, <br />AGREEMENT <br />THIS AGREEMENT is entered into by and between Detta Helmsing, (hereinafler referred <br />to as "Mrs. He]msing") and Transit Mix of Pueblo, a Colorado corporation, (hereinafter referred to <br />as "Transit Mix"), and Nalco, Inc., a Colorado corporation (hereinafter referred to as "Nalco"). <br />RECITALS <br />WHEREAS, pursuant to a contract to buy and sell real estate dated February 18, 1986 <br />between Nalco, Inc. and Jack Helmsing and Detta Helmsing the parties agreed to the following <br />provision: <br />Presently, property owned by Sellers which is not being sold under this Agreement <br />is irrigated by water well located on the property which Sellers will convey under this <br />Agreement. Said weH is a Domestic Well which produces 15 gallons of water per <br />minute (15 gpm) and is approved by the Colorado State Water Engineer to supply <br />sellers residents and imgate up to one acre of adjacent land. It is expressly <br />understood and agreed by the parties that the water well and rights thereunder are not <br />conveyed to Buyers under this agreement, but is reserved to Sellers together with a <br />right-of-way for the water line and repair thereof connecting the well to property that <br />Sellers own and which is not being conveyed under this Agreement. Buyer's use of <br />the property purchased under this Agreement shall not interfere with Sellers use or <br />enjoyment of the herein described well. At such time as it does, Buyer, at his sole <br />expense, shall provide Sellers with a replacement water well or alternate source equal <br />in quantity, volume of water produced and type of permitted use within 48 hours of <br />the time that Buyers use of the property conveyed under this Agreement interferes <br />with Sellers use of the here and described water well. This provision represents a <br />material portion of this contract. It shall not merge with the deed conveyed in terms <br />of the contract, and shall be binding upon the Buyer, his heirs, assigns or grantees. <br />Buyers breach of the terms of this paragraph shall entitle Sellers to compensatory <br />damage, or at his election, specific performance. <br />Sellers to provide Buyers with a water quality test of subject well by an independent, <br />qualified third-party. Such water quality information to be made a -part of this <br />contract. <br />and, <br />WHEREAS, the well described in the Agreement is the well represented by W ell Permit No. <br />67957 and is located in the NW 1/4 of the NE1/4 of Section 34, Township 20 South, Range 64 West <br />of the 6ih P.M ("Helmsing Well"); and <br />