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• and the approved mining and reclamation plans, or commence any litiga- <br />tion seeking injunctive or compensatory relief arising therefrom except <br />for violation of the covenants and agreements set forth herein. <br />7. TERMINATION OF AGREEMENT. In the event that no Mining and Rec9ama- <br />tion F' an is ina y approve by Weld County and the Colorado Mined Land <br />Reclamation Board, that mining permits are not granted, or that Western <br />Paving does not mine the property, this Agreement, at the written request <br />of Western Paving, shall be null and void, and all water rights which <br />have been conveyed or assigned to the Water Users pursuant hereto shall <br />be rel:urn to Western Paving, its successors or assigns. <br />8. ENFORCEMENT. This Agreement may be enforced by the Water Users, or <br />any of its members who are adversely affected by any violation of any <br />term hereof, by seeking any appropriate equitable and legal remedies, <br />including injunctive relief, specific performance and damages. In the <br />event that litigation is commenced by the Water Users or any of its <br />members to obtain such enforcement, and the Water Users or any member <br />prevails, Western Paving and/or its successors and assigns agree to pay <br />for any reasonable attorneys' fees and court costs expended by the Water <br />Users or the member in obtaining such enforcement. However, if Western <br />Paving prevails, the Water Users, or the member instituting the litiga- <br />tion, shall pay such fees and court costs expended by Western Paving. <br />9. EXHIBITS. All exhibits referred to in this Agreement are, by <br />reference ncorporated herein for all purposes. <br />10. BINDING EFFECT. This Agreement shall be binding upon the parties, <br />and their respective successors and assigns. <br />DATED: -~..e~e,.,s:;~ "Zol~Q4-z~ <br />WESTEF.N PAVING CONSTUCTION COMPANY, <br />a Colorado corporation <br />Bye( ~' i ~ (: 'f~ V <br />THE RURAL DITCH COMPANY, a Colorado <br />mutual ditch company <br />THE WATER USERS ASSOCIATION OF <br />D[STRICT N0. 6, a Colorado <br />nonprofit corporation <br />BY f.~ei~ ~ /~ <br />THE GODDING DITCH COMPANY, a <br />Colorado mutual ditch company <br />By S~CtMwT.ZG PHC1e ATTPCt1rc,D <br />THE SMITH AND EMMONS DI'(CH COMPANY, <br />a Colorado mutual ditch company <br />By ~ ~ ( R's <br /> <br />-6- <br />