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4. 'Water Storage Rights. This Assignment specifically excludes any water storage rights which <br />maybe created by the lining of the mining pits by Assignee- Assignor shall retain ary net <br />proceeds of sale associated therewith. Net proceeds is defined as the amount remaining after <br />deduction of all of the costs to create the water storage facility, Nothing herein shall be <br />interpreted to require the Assignee to create a water storage facility. <br />5. Miscellaneous. <br />a. ' This Agreement shall inure to the benefit of and shall be binding on the heirs, legal <br />representatives; successors and assigns of the parties. <br />b. Colorado Law shall be used in the interpretation and construction of this. Agreement <br />and the resolution of al] disputes hereunder. <br />c. The provisions of this Agreement may be amended only in writing signed~by both <br />parties. <br />d. Paragraph headings aze for convenience only and shall not be considered.in any <br />controversy involving the'meaning and intent of this Agreement. <br />IN WITNESS REOF, the parties have executed this agreement at Greeley, Colorado <br />the day and year first above written. <br />Assignor: <br />Orr/I3all, LLC,r <br />ay: <br />Its: ~, ~n c._~.c,~~ <br />-2- <br />Assignee: <br />Hall-Irwin Construction, o_ <br />By: <br />Its: Vice President <br /> <br />