1998-07-13_REVISION - M1981302 - Laserfiche WebLink

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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 writinu 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 Hater 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 Mined Land Reclamation Board for the Deepe Farm. c. Covenants that it will not raise any objection to the mining or reciamation conducted in accordance with the provisions hereof and zne 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 AGREEM=NT. In the event that any administrative or judicial proceeding reouires different augmentation or change of use provisions than as provided herein, then this Agreement, at the written reouest of Flatiron, shall be null and void, and all water rights which have been conveved or assigned to The Water Users pursuant nereto shall be returned tb Flatiron, its successors or assigns. Notwithstanding any provision in this Agreement to the Contrary, no right to conveyance or reconvevance cf any water rights shall continue more than. 21 years after the death of the last to die of Ed MCDoweii , 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 are aoversely 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 Slater 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 attornevs' fees anc court costs expended by The Water Users or the member in obtaining such enforcement. However, if Flatiron orevaiis, The Water Users, or the member instituting the litigation, shall pay such fees and court costs expender by Flatiron. 4