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<br />SEP-15-2004-WED 10;08 AM BLGg LAW FIRM FAX Plo,3]3 413 1003
<br />str•-is--zees ID8:42 Lafarge Metro Lw,d ~A~ ~'~ 4~7
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<br />Ditoh Company on the Plana, Lnfatge and its oooeultants, by preparing any such
<br />' documcnta, shall be solely responsible for the accuracy, completeness and all other
<br />aspects of the Plana.
<br />P, 00
<br />P.04
<br />5. PERMITS AND I,ICENSES_ It is not known whether Lafarge's construction, repair or
<br />replacement of the Instailations on the Lafarge Property require any local, state or federal permits
<br />or approvals. Jt is Lafarge's obligation to iNvestigate and to determine the need for any such
<br />permits oz approvals. Prior to beginning constrttction repair or replaeetnent, Lafarge shalt be
<br />responsible, at its own oxpense, for obtaining all applicable local, state and federal permtts or
<br />approvals, for coztstruUing the Installations and for complying with ail associated local, state and
<br />federal laws and r>"Z;ttlations. permits or approvals include, but aze not limited to, land use and
<br />en~+irortmental laws and zegulations.
<br />6. LICENSTt >FEE- Lofiarge shall pay to Ditch Compaoy a license fee of one thnnsand
<br />dollars (51,000) upon execution of this Agreement The license fee hhaJl he in addition to any
<br />other coats for which Lafarge are responsible ptusvaAt to this Agreemeot.
<br />7, MAINTENANCE.
<br />7.1: Lafarge apooifieolly agrees and pledges to warrant, to maintain, to t+epair and to
<br />replabc the Insrallntions looatod witbia the Ditch Maiateaance Easement oa the property
<br />desen'bed in E7CH'IDIT A for dace (3) years Yollowing the Ditch Coarpaay's aceeptaace
<br />of the lnstsllations ("Warxaary Period"). After the Warranty Period expires, the Ditch
<br />Comprwy shall maintain, repair sad zaplace the Jnstallationa located within the Ditch
<br />Maintenance Easement on the property descHbed in EX1diBIT A.
<br />72: ' Except in the event of an emergency as dctined in ¶¶ 7.3 sad 7.4, if, during the
<br />. _ ...........:.'Warren PerioB I:af .. fails to'maintai rto~ as orto-re lace~~an onion ofthe --- .
<br />• ~ lttstallations within the Ditch Maintenance Easement after ran (10) ciaye aohce, tlteD the:
<br />Ditch Company may, at its own option, wnduct Sts own maintenance, repair or
<br />replacement Lafarge sha11 reimburse the Ditch Company for the reasonable cost of such
<br />work within thitry (30) days_ ltt the event that Lafarge fails to maintain, iv repair or to
<br />- ~ 'replace~hehtsrallationsduringtheWanranty.Pcraud,t}tenLafargeslull.beheld-liable for-
<br />. airy loss, dama~ or injury to tare Di1uL Comparry that is the direct and proximate cause of
<br />said: failum to mnintau~, repair or replace 11te bistallatlons. if the Ditch Company
<br />conducts its own maiafcnaucc, repair, or replacement, then the Ditch Cormpany dots apt
<br />waive the right to hold Lafargo liable for dmaages caused by I,ofnrge's failure to
<br />naaintaio, to repair and to roploce rho Irtstollations.
<br />7.3: Tn the event of an emergency, Dit~ Company and/or Lafarge may conduct
<br />immediate maintenance or repair of the Installations within the Ditch Maintenance
<br />Easement, but must give notice to the othezparties as soon as possible at the notice
<br />coataets identified in ¶1Z. If Ditch Company conducts the emergency work, Lafarge shall
<br />i:eimbutae Ditch Company for the reasonable cost of wozk within tltirry (30) days of
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