2008-02-06_PERMIT FILE - M2007069 (2)

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engineering fees associated with this permit application, including without limitation HIGH LINE's participation in the permitting process, negotiations with CENTENNIAL, review of studies mentioned herein, and conduct of further studies reasonably elected by HIGH LINE, and for fees related to future agreements. 16. CENTENNIAL agrees that if by reason of its construction, operation or mining any damage, increased seepage or break in or to the Canal occurs, CENTENNIAL will with all due diligence, repair and replace such property of the Company in substantially the same condition as the same was in prior to such a break, increased seepage or damage and will pay any and all monetary damages resulting from such break, increased seepage or damage sustained or incurred by the Company or its stockholders or water users. 17. CENTENNIAL further agrees to indemnify and hold harmless HIGH LINE, its successors, assigns, employees and stockholders from any and all third party claims and damages caused by CENTENNIAL'S operation, construction and mining activities. 18. CENTENNIAL hereby releases HIGH LINE, its successors, assigns, employees and stockholders from any and all claims and damages of whatsoever character to said gravel pit or other property of CENTENNIAL or of Bedard unless caused by the negligence or willful misconduct of the Company or its agents or employees. 19. HIGH LINE, its agents, or consultants, do not warrant or guarantee the adequacy of designs reviewed by the Company or by its consultants. CENTENNIAL is solely responsible for designs conforming to applicable Governmental regulations and statutes and engineering standards. This agreement shall be binding on the Heirs, Successors and assigns of CENTENNIAL STATE PAVING, INC. and the ROCKY FORD HIGH LINE COMPANY. This Agreement executed the date above stated. ROCKY FORD HIGH LINE CANAL CENTEN STATE PAVING, C. COMPA By B - Stan Fedde, President J es S. Bartmess, President -4-