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SEP-15-2004-WED 10:08 AM BLG;( IAW FIRM <br />SEP-15-2804 bki~4G Lafarge t1rtru La7d <br />FAX tto, 3]3 413 1003 <br />303 F.S7 dI137 <br />P, 004 <br />P.63 <br />Propcity ("Ditch Maintenance Easemient'~ from Mineral It eserves. Mineral Reserves <br />shall effectuate this grant by exeouring an easern?nt, deed ("l3agement Dced") the form of <br />which is attached hereto as iiXT3IBIT C. This Agreement shall not became effective <br />unless and until rlae executed ;:asernent Teed is delivered to the pitch Company. <br />4, CON&TRUCTION. <br />4.1. Lafarge shall ha responsible for rho realignmesrt of the Ditch over the Lafazge <br />Pruyerty end the cotnplction of the ]notallsiione pursuant to the plaos And specifications <br />(`Tlmus") approved by Ditch Company ottnahed hereto as EXHIBIT D. <br />r <br />42. Lafarge agzeos that the construction of the Installations permitted hereunder shall <br />proceed expeditiously and with reasonable diligence from the commencement of <br />canstruction to its completion, Lafarge shall commence construction of the installations <br />Ao earlier than the date of the execution of this Ageemeht and the iitlfiilmeat of the <br />conditions precedent desen~bed in ¶3, whichever occurs later, and shall complete the <br />construction no Inter than December 3I, 2007. lfthe Installations are not completed by <br />December 3l, 2007, khan this Agreement shell expire and be ofno force and effect. <br />4:7: The Installotioao shall be constructed in such a manner co as not to interfere with <br />the flow of water ffirough the Ditch to the Ditch Compaoy's sh~reholilers. l-afarge shall <br />lie responsible for the carriage of water, including drnioage water, actress tltc land while <br />the Installations are being cx+nstntctetl, l~afarge shell pay as liquidated damages one <br />thousand dollars (51,00(1) pas day for any day that the Ditch Comneayhas a request for <br />watt from a shareholder nr ahareho]de~s and cannot deliver water to the shareholder or <br />~shareholr9ars as a direct and proximate result of the construction agreed to herein. <br />._. _ ...... _...... x..4.4: ".. Upnh completion af'the.Installations;-hafafge shall nottfy bitch•ernnpany. ~ Ditch - . <br />_. _ . <br />Company shall accept or re)eet the installations ni) later t];aa.tliirty.[30)-days a1~ 1he~---' . <br />Ditch Company has tested the Installations. However, Ditch Company Shall uut be <br />required to accept or to reject ttrttil and runless all fees billed to Lafarlro Lave bdrni paid <br />' pursuitttt to ¶9, Ditch Company shall pot uureruvnaLly witLhold or delay its aeccptance. <br />-- - TJitchCorttpapy'sxu:eptaucevrrejcctiop.oftheJastallatioas,shaltbo~a,writing. If the.. .. <br />i lnstallaffons ere rejected, tltcn Ditch Company shill specify the reasons for rejection, <br />Lafarge shall wrrcct the czrnrs and fhe above process shall repeat. <br />4.5. Ditch Company's review and approval of the Plana for the Installations ie only for <br />the purpose of verifying Lafarge's compliance with this Agreement and shall trot be <br />:construed ar interpreted as a technical review or approval of Installations' actual design <br />or construction, Diteh Company's review and approval of the Plans is solely for its owri <br />.benefit and creates no benefit oz riy~tt in Lafarge or any thlzd party. By reviewing and <br />approving Oro Plans, the Ditch Company is not warranting that the Installations, it' <br />constructed in accordance with the Ylans, will comply with any applicable laws, <br />etrgineeting standards or safety standards. The Ditch Company s1xall not be !fable fur any <br />defects in the Plans. Notwithstanding any consents ur appruvzls givMt tv Lafarge Ly Qte <br />GAOGCOMb1~41AI~N1tOGLS-7tI~M1iP14NO7E$pg7AM4b92667.POC garo4 ~~f q.1NkW <br />~, ~ <br />~ . . <br />