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<br /> <br />construction, operation, maintenance, and existence of the box <br />culvert, bridge, and pumping station. <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, <br />bridge, and pumping station shall be.restored to their original <br />condition, or as near as reasonably possible, after construction is <br />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 />8. OPERATION OF PUMPING STATION. Southdown will install a <br />meter to measure water pumped at the pumping station and will <br />report such usage to the Ditch Company, and otherwise comply with <br />the Ditch Company's regulations uniformly applied with respect to <br />the carriage and delivery of water to its shareholders. <br />THE SUPPLY IRRIGATING DITCH COMPANY, <br />a Colorado 'corporation, <br />BY: <br />Michael Litzenberger; President <br />ATTEST: <br />Daniel R. Grant, Secretary <br />Southdown Inc., a Louisiana corporation <br />W. Lohr, Vice President <br />