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<br />operations and its use of the Easement shall be at UNTTED's sole cost and expense. UNITED shall repair <br />all damage to or reimburse the DPOR for any damage to the DPOR's improvements, property and facilities, <br />and restore the subject property to a condition mutually agreeable between UNITED and the DPOR <br />resulting from UNITED's activities on or use of the subject property. <br />UNITED agrees to cease pumping operations when the average depth of the pond drops below 4.0 feet <br />unless otherwise approved in writing by DPOR. UNITED shall maintain a valid well permit for the <br />purposes described herein and shall abide by the terms and conditions of said permit and, if required in the <br />future, provide a water court approved plan for augmentation at no expense to DPOR. <br />4. No other use by Grantee shall be permitted of the easement property, except as specified in Paragraphs 1 <br />and 3 hereof, without the prior express written consent of the State. <br />5. The DPOR reserves the right to use, or permit the use of, the subject property covered by this Easement <br />for any other purpose which will not unreasonably interfere with the purpose for which this Easement is <br />granted, including but not necessarily limited to DPOR's use for trails, habitat for wildlife, as a greenway <br />and for recreational use by the public. Grantee shall not fence the Easement without the prior express <br />written consent of the State. <br />6. Grantee shall exercise reasonable effort at all times during construction, maintenance and upkeep of the <br />water pumping operations to preserve and protect existing trees, shrubs, brush and other ground cover, and <br />to preserve the habitat and natural characteristics of the Easement and surrounding lands. <br />7. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon <br />funds for that purpose being appropriated, budgeted and otherwise made available. <br />8. State's Liability Exposure. Notwithstanding any other provision of this agreement to the contrary, no <br />term or condition of this agreement shall be construed or interpreted as a waiver, either expressed or <br />implied, of any of the immunities, rights, benefits or protection provided to the State under the Colorado <br />Govemmental Immunity Act 24-10-101, et seq. C.RS, as amended or as maybe amended (including, <br />without limitation, any amendments to such statute, or under any similaz statute which is subsequently <br />enacted). The parties hereto understand and agree that liability for claims for injuries to persons or property <br />arising out of the negligence of the State, its departrnents, institutions, agencies, boazds, officials and <br />employees is controlled and limited by the provisions of 24-10-101, et seq. C.RS., as amended or as may be <br />amended and also by the provisions of 2430-1501, et seq., C.R.S., as amended or as may be amended. Any <br />provision of this agreement whether or not incorporated herein by reference, shall be controlled, limited and <br />otherwise modified so as to limit any liability of the State to theabove-cited laws. <br />9. This Easement and the rights granted to UNITED hereunder shall not be assigned, sold or otherwise <br />transferred by UNITED to any other party without the prior express written consent of the DPOR. <br />10. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in <br />the interpretation, execution and enforcement of this Easement. Any provision of this Easement, whether or <br />not incorporated herein by reference which provides for azbitration by any extra judicial body or person or <br />which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. <br />Nothing contained in any provision incorporated herein by reference which purports to negate this or any <br />other special provision in whole or in part shall be valid or enforceable or available in any action at law <br />whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation <br />of this provision will not invalidate the remainder of this Easement to the extent that the Easement is <br />capable of execution. <br />2 <br />