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completed in a workmanlike manner. Owner shall not be assessed <br /> permit or license fees by the Ditch Company. <br /> 3. The parties anticipate and intend that any construction <br /> described in this Agreement shall occur during times when the Ditch <br /> is not carrying water. In the event construction occurs when the <br /> Ditch is carrying water, Owner covenants and agrees that sai,v <br /> construction will not impair the flow of water in the Ditch nor <br /> will said construction interfere with the rights of the Ditch <br /> Company's shareholders to receive water through the Ditch. <br /> 4 . Following completion of the construction referenced in <br /> Paragraph No. 2 , above, all future cleaning, maintenance, repair <br /> and reconstruction which may be required within the relocated reach <br /> of the Ditch shall be accomplished by and at the sole expense of <br /> Owner, its designees, successors or assigns. The parties i.ntenlE <br /> that this provision run with the land. Owner covenants to )cee)) <br /> said portion of the Ditch in good operating order at all times f.or <br /> the proper conveyance of the Ditch Company water. If the Ditch 3 :� <br /> not cleaned and maintained to the reasonable satisfaction of the <br /> Ditch Company, then the Ditch Company may enter, after ten days <br /> written notice to Owner, and clean and maintain the Ditch. Owner <br /> and its successors shall be liable for reasonable expenses of the: <br /> Ditch Company in performing said cleaning and maintenance. The <br /> _ . Ditch Company shall be allowed the right of inspection at a) ). <br /> times. In the event of an emergency, the Ditch Company is <br /> authorized to waive the notice requirement and take whatever steps <br /> it deems necessary under the circumstances to ensure the integrity <br /> of the Ditch. <br /> 5. In partial consideration of the foregoing authorization <br /> to relocate the Ditch, Owner agrees to convey to the Ditch Company <br /> a perpetual non-exclusive easement for operating, maintaining and <br /> reconstructing the Ditch as realigned and relocated across Owner' s <br /> property. The Form of the easement to be provided by Owner is <br /> attached as Exhibit "C." Owner shall provide an accurate legal <br /> description of the relocated route for inclusion in the easement. <br /> Owner also agrees to allow the Ditch Company to have access across <br /> Owner's property for operating, maintaining and reconstructing the <br /> Ditch as realigned and relocated. Owner shall have the right to <br /> relocate the access route at any time, upon written notice to the <br /> Ditch Company. Any road rebuilding necessitated by a relocation <br /> shall be entirely at Owner's expense, and the rebuilt road shall <br /> be substantially similar in character to the prior road. The <br /> existing road shall not be destroyed until the relocated road is <br /> built. At such time as the property is annexed to the City of <br /> Boulder, subdivided and platted, and dedicated streets are <br /> constructed; owner will designate a permanent location for access <br /> and grant a non-exclusive easement along that route to the Ditch <br /> Company. The form of the easement to be provided by Owner is <br /> attached as Exhibit "D. " Owner shall provide an accurate legal <br /> description of the relocated access route for inclusion in the <br /> 2 <br />