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correspondence to or from the agencies relating to Operator's Mining Operation, and all permits <br />once issued. <br />This Agreement contains all of the parties' terms and conditions regarding the Mining <br />Operation applied for in DMG Permit Application No. M-2000-113 only. If Operator seeks a <br />revised or additional permit for the Mining Operation, the City reserves the right to participate <br />in the agency permitting process for any additional mining plans or operations not contained in <br />DMG Permit Application. <br />15. Flood Plain Study and Report. The City will permit Operator to use the Flood <br />Plain Study and Report of the Colorado River from Rifle to Matnm Creek, dated February 20, <br />2001 and prepared by Jeff Simonson, P.E., consulting engineer for the Ciry ("Flood Plain <br />Study"). The Ciry agrees that Operator can retain Mr. Simonson's services, at Operator's cost, <br />for the purposes of explaining to federal, state and local agencies the methodologies, results and <br />conclusions of the Flood Plain Study. <br />C. General Provisions <br />16. Expiration. In the event the Watershed District Permit issued by the Ciry expires <br />because mining operations have not commenced within the required twelve-month period, or any <br />extension thereof, or if mining operations have not commenced within five years of the date of <br />this Agreement, this Agreement shall be null and void and of no further force, effect or <br />evidentiary value. <br />17. Default. Upon default of this Agreement by either parry, the non-defaulting party <br />shall provide five-days' notice of the default and time to cure to the defaulting and party. <br />18. Remedies. In the event of Operator's default or failure to perform under this <br />Agreement, the City shall be entitled to suspend or revoke Operator's Watershed District Permit, <br />to receive specific performance under the terms of the Agreement, to seek damages in a court <br />of law, and any other remedies to which the City is entitled under law. <br />19. Attorney Fees and Costs. In the event that legal action is necessary to enforce <br />the provisions of this Agreement, the prevailing party shall be entitled to damages and <br />reasonable attorneys' fees and costs. <br />20. Notice. All notices required under this Agreement shall be in writing and shall <br />be hand delivered or sent by registered or certified mail, return receipt requested, postage <br />prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered <br />effective seventy-two (72) hours after deposit in the United States Mail with the proper address <br />as set forth below. Either parry by notice so given may change the address to which future <br />notices shall be sent. <br />1:130011CIientslRIFLE~R-3JWgreementslMitung ClpAgtatKnt wp0 <br />Augutt B. 2001 -5- <br />