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3. Platte also ayrees that in the event PIaUe's activities nn the property, including but <br />not limited to mining of the property or de-watering, cause damage to Western's <br />ditch, Platte will pay the cost a( any repairs to the dttc:h. <br />~. Platte ayrees Thal there will be no raining within '160 feet of the center line of the <br />Western Mutual Uitch. To prevent damage to the Western Ditch and ditch marl, <br />Platte shall not allow any oquiprnenl to go upon the Weslem Ditch road or <br />easement without advance approval from Weslem. <br />5. Plane desires to cross the Western Mutual Ditch in Three locations. Western <br />agr ees to such crossings, subject to the leans and conditions of Western's slandarrl <br />crossing agreement, and provided that Western personnel shall have perpetual <br />access across such bridges when installed. In lieu of U re normal ditch-crossing iee, <br />engineering fees, and legal fees imposed by Western in its standard crossing <br />ayreemenl, Platte agrees to grant Western easements for access to and <br />maintenance of the Western Mutual Ditch, the FJrownwood Spillway, and the <br />Scolldale Ranch Diversion Ditch. Plane agrees to execute the Easement <br />Agreement attached hereto as Exhibit "B" immediately upon the execution of this <br />Ayreemeni, and to execute Crossing agreements for the agreed upon 3 crossings <br />in the form of the sample ayreemenl attached hereto as Exhibit "C " <br />6. Western ayrees that upon Ure execution or Ibis Ayreemenl, it shall have no further <br />objection to the permit application, USR 130IG and it shall withdraw its party status <br />in Case No. M-2000-158. Western reserves the right to appear as a party in any <br />proposed revision to the 1 12 permit, and to make such argurnenls as are necessary <br />to protect the interests of the shareholders, notwithstanding any of the provisions <br />of this agreement. <br />7. TI ris document represents the complete Ayreemenl of the parties hereto and no oral <br />nrodilication shall be recognized. Any amendments or additions shall be made in <br />uniting and signed by the parties. If a dispute arises between the parties to the <br />Ayreemenl, the prevailing party shall be awarded attorney's fees in addition to any <br />other award or judgment. <br />t3 This Agreement is binding upon the successors, assigns and legally appointed <br />representatives of the parties. <br />FU<IM\WF.SIf_RfrMUr\Plalle Sand~agreement 010626 wpd 3 <br />