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~ °~ ~ LICENSE AGREEMENT 1. PARTIES. The parties to this Agreement are the HIGHLAND DITCH COMPANY, a mutual ditch company, (the "Ditch Company") and SOUTHDOWN, INL., a Louisiana corporation (the "Licensee"). 2. RECITALS. The Licensee desires to obtain the permission of the Ditch Company to construct a culvert or bridge across a certain portion of the Highland Ditch (the "Ditch") and appurtenant easement owned by the Ditch Company. The Licensee owns the land subject to the Ditch Company easement. The Ditch Company agrees to the proposed construction, subject to the terms, conditions, covenants, and agreements set forth in this Agreement. Accordingly, in consideration of the mutual promises set forth in the Agreement, the parties covenant and agree as follows: 3. GRANT OF LICENSE. 3.1 Pursuant to the terms of this Agreement, the Licensee may construct a culvert or bridge across a certain portion of the Ditch. The location of the culvert or bridge will be in the east half of the northwest quarter of Section 21, Township 3 North, Range 70 West of the 6th P.M., Boulder County, Colorado (see Exhibit A attached). The plans and specifications for the construction of the culvert or bridge (the "project") are attached as Exhibit 6. 3.2 All portions of the Ditch, bottoms, sides, banks, and all affected portions of the Ditch and lateral easements which are disturbed by the Licensee's construction of the project shall be restored to their original condition. Any and all fencing and other facilities appurtenant to the Ditch Company's easement shall be replaced in a condition at least equal to the condition of such facilities and appurtenances prior to construction of the project. 3.3 The Licensee agrees that the construction of the project shall proceed expeditiously:and with reasonable diligence from the commencement of construction to its completion. This license shall expire on December 31, 1996, if the project is not completed by that date. At that time, all work shall cease and Licensee shall have no rights in this Agreement whatsoever. 3.4 The Licensee agrees to conduct and complete the project licensed herein during the period when the Ditch Company is not operating the Ditch, to the extent required to prevent interfering with flows in the Ditch. 4. LICENSE FEE. The Licensee shall pay to the Ditch Lompany a license fee of $500.00. The license fee shall be paid prior to the commencement of the Licensee's construction of the project. This license fee shall be in addition to any other costs for which the Licensee is responsible pursuant to this Agreement. This Agreement applies only to the specific project located and described in Exhibit A. 5. INSPECTION. 5.1 The Licensee shall notify the Ditch Company at least five (5) working days prior to commencement of construction of the project, or replacement or repair of the project within the Ditch Company easement, permitted by this