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07/23/99 FRI 11:36 FAX 303 452 4515 .ADCO:CHEROKEE/BAYER <br />• <br /> <br />f~j 003 <br />and Lakes which are described on attached Exhibit "A" as a result <br />of the mining activities of CAMAS on the CAMAS Property. In the <br />event of any draw down of the Bromley and KTB Wells and Lakes to <br />the extent Bromley and RTB are unable to recover and use the <br />amounts of water historically taken asd-wt~~ch ean~egall~i>e<tekea7nh <br />from the Bromley and KTB Wells and Lakes, it shall be presumed, in <br />the absence of substantial, credible evidence to the contrary, that ~ ~~z/`/`r <br />such draw down is a result of the mining activities of CAMAS on the <br />CAMAS Property. <br />9. O]~iections to Application. Bromley and RTB shall withdraw <br />any objections and shall not object to the CAMAS Applications; <br />provided, however, that Bromley and KTB reserve the right to object <br />to the operations of CAMAS in the event Bromley and KTS are unable <br />to recover and use the amounts of water historically taken from the <br />Bromley and KTB Walls and Lakes described on attached Exhibit "A". <br />10. Cooperation. Bromley and RTB agree to cooperate and <br />permit, at no expense to Bromley and KTB, the monitoring by CAMAS <br />of the Bromley and KTB wells and Lakes described on attached <br />Exhibit "A", provided that such monitoring does not interfere with <br />or damage such wells and lakes for use by Bromley and KTB or harm <br />the fish or animal life in such lakes. <br />11. Governing Law. This Agreement shall be governed by the <br />laws of the State of Colorado. <br />12. Duty to Deal in Good Faith. The partes shall have the <br />obligation to deal with each other fn good faith under this <br />Agreement. <br />13. Binding Effect. This Agreement shall be binding upon and <br />shall inure to the benefit of the parties, their successors and <br />assigns. <br />14. Entire Agreement. This Agreement represents the entire <br />agreement between the parties with respect to the subject matter of <br />this Agreement, which cancels and supersedes any previous oral.or <br />written agreement or understanding. <br />15. Notice• Any notice pursuant to this Agreement shall be <br />sent by certified mail, return receipt requested, or by overnight <br />courier as follows: <br />a. If to CAMAS: <br />General Manager <br />CAMAS Colorado/Aggregate Division <br />3605 S. Teller Street <br />Lakewood, CO 80235 <br />