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construction, operation, maintenance, and existence of the box <br />culvert and bridge. <br />5. GOVERNMENTAL APPROVALS. Southdown shall be responsible <br />for obtaining, and complying with, any necessary governmental <br />approvals. <br />6. RESTORATION OF DITCH. All portions of the ditch <br />bottom, sides and banks which are disturbed by the process of <br />Southdown's construction and installation of the box culvert and <br />bridge shall be restored to their original condition, or as near as <br />reasonably possible, after construction is completed. <br />7. REMEDIES. This Agreement may be enforced by specific <br />performance, including mandatory injunctive relief and damages, <br />together with reasonable attorneys' fees and costs to the <br />prevailing party. Interest shall accrue on damages due to the <br />prevailing party for breach of this Agreement beginning 90 days <br />from the date the damage occurs. The interest rate to be paid <br />shall be at two (2) percentage points (two hundred basis points) <br />over the prime market rate published by the Federal Reserve Bank of <br />St. Louis or any successor U.S. government agency which reports the <br />prime rate. <br />THE PALMERTON CONSOLIDATED DITCH COMPANY, <br />a Colorado corporation, <br />BY: %~ ~~ <br />J c) Eisele, President <br />ATTES`/T: ,., ~ <br />`'LyrirY"W'i"-1'liams, Secretary <br />Southdown Inc., a Louisiana corporation <br />:.,._ _ <br />::, ~:~': <br />