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^1 •- <br />' and Lakes which are described on attached Exhibit "A" as a result <br />of the mining activities of CAMAS on the CAMAS Property. In the <br />' event of any draw down of the Bromley and RTB Wells and Lakes to <br />the extent Bromley and KTB are unable to recover and use the <br />amounts of water historically taken aAd=who:ch.~an~aga113c.~b~tnieen7n/~ <br />' from the Bromley and RTB Wells and Lakes, it shall be presumed, in <br />the absence of substantial, credible evidence to the contrary, that~l~~Z/y` <br />such draw down is a result of the mining activities of CAMAS on the <br />CAMAS Property. <br />9. Objections to Aonlication. Bromley and RTB shall withdraw <br />any objections and shall not object to the CAMAS Applications; <br />' provided, however, that Bromley and RTB reserve the right to object <br />to the operations of CAMAS in the event Bromley and KTB are unable <br />to recover and use the amounts of water historically taken from the <br />' Bromley and RTB Wells and Lakes described on attached Exhibit "A". <br />10. Cooveration. Bromley and KTB agree to cooperate and <br />permit, at no expense to Bromley and RTB, the monitoring by CAMAS <br />of the Bromley and RTB Wells and Lakes described on attached <br />Exhibit "A", provided that such monitoring does not interfere with <br />or damage such wells and lakes for use by Bromley and KTB or harm <br />' the fish or animal life in such lakes. <br />11. Governing Law. This Agreement shall be governed by the <br />laws of the State of Colorado. <br />. 12. Duty to Deal in Good Faith. The partes shall have the <br />obligation to deal with each other in good faith under this <br />Agreement. <br />13. Binding Effect. This Agreement shall be binding upon and <br />' shall inure to the benefit of the parties, their successors and <br />assigns. <br />14. Entire Agreement. This Agreement represents the entire <br />agreement between the parties with respect to the subject matter of <br />this Agreement, which cancels and supersedes any previous oral or <br />written agreement or understanding. <br />' 15. Notice. Any notice pursuant to this Agreement shall be <br />sent by certified mail, return receipt requested, or by overnight <br />' courier as follows: <br />a. If to CAMAS: <br />General Manager <br />CAMAS Colorado/Aggregate Division <br />3605 S. Teller Street <br />' Lakewood, CO 80235 <br />' 2 <br /> <br />14 <br />