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~. <br />to Central shall be returned to Owner free ,of any liens or <br />encumbrances created by Central. <br />13. Zn the event that the Division of Mater-Resources <br />doffs not issue a well permit sufficient to enable Owner-to mine <br />and reclaim the property in accordance with Owner's approved <br />mining"and reclamation pleas-, or, in the event that, at any time <br />in the futnre;-:~he Division of Water Resources does not cons~eY-~ <br />the depletions from the lakes to be created on the-Propei`ty <br />sufficiently .augmented pursuant to this agreement and issues a <br />.cease and desist order, then this agreement shall, .upon written <br />notification of Owner to Central of the same, including a copy of <br />said cease and desist order, bs null and void, and all wader <br />rights.xhich have been conveyed yr assigned to Central shall be <br />returned to O~rner free and clear of any-liens or.encumbrances <br />created by Central within a reasonable time. <br />• 14. This agreement may be enforced by-Central, or any <br />of rte members who are adversely affected by any violation of any <br />term hereof, by seeking 'any app=operate equitable or legal <br />remedies, inclwdinq injunctive retie€,-specific performance, and <br />damages. In the event that litigation is commenced by Central or <br />any~of its members to obtain such enforcement, and Central or any <br />suember prevails, Owner andlor its successors and assigns agree to <br />pay for any reasonable attorneys fees and couft costs expended by <br />Central or the member in obtaining .such enforcement. Sowever, if <br />Ot~ner prevails, Central, or the member instituting litigation, <br />shall pay all reasonable attorneys fees and court costs expended <br />by Owiaer. <br />15-. This agreement -represents. the complete agreement <br />of -the parties hereto, and no parole modifications shall be <br />recogai,ued. Airy amendments or additions must be in atriting and <br />signed by the parties to be effective. <br />- 16. This agreement is binding upon the parties, their <br />'successors and assigns and shall be a covenant which runs with <br />the land described on Exhibit "A"arid the water rights desczibed <br />on Exhibit "C'. - <br />17. Owner agxees at all times tc, indemnify and to-keep <br />indemni#ied Central, its officers and directors, and to hold end <br />save them harmless from and against all liability for damages, <br />loss, costs, charges, and expenses of any kind and nature what- <br />soever, including attorneys fees, which they- may, at any time, <br />sustain or iacur,by reason of or in consequence of Owner's mining <br />operations or reclamation of the property or as a consequence of <br />this agr~Pnt. <br />--4- <br />