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LBDC understands and acknowledges that both the State of Colorado, acting <br />through the Office of the State Engineer ("SEO") and the Division of Minerals and Geology <br />("DMG"), as well as Weld County, may change the requirements applicable to the Mining <br />Operations, Reclamation Activities, Crossings, Penetrations, development and operation of a <br />Water Storage Facility, or other matters applicable to the use and development of the Site <br />Location from time to time, or that LGE may need to make certain changes to the terms and <br />conditions of its mining and water storage permits from time to time in order to take into <br />account changed physical or economic circumstances. In the event that any such required or <br />desired changes may impact the Structure or the obligations of LGE within the Setback Area, <br />LGE will provide prior written notification to LBDC and provide information explaining the <br />basis for the requested change, whether the requested change would be permanent or non- <br />permanent, and reasonable engineering design for the requested change. LBDC agrees to <br />evaluate each proposed change in good faith and to work together with LGE to implement the <br />proposed change on terms and conditions reasonably acceptable to both parties. <br />10. Miscellaneous Provisions. <br />(a) Notices and Addresses. All notices required under this Agreement shall <br />be effective (i) upon delivery if personally delivered, or (ii) if mailed, then on the third <br />business day following deposit in the United States Mail, postage prepaid, sent certified or <br />registered, return receipt requested, and addressed to the proper party, at the following <br />addresses: <br />If to LBDC: Lupton Bottom Ditch Company <br />c/o Mr. Gene Wagner, President <br />9990 Weld County Rd 23 <br />Fort Lupton, Colorado 80621 <br />If to LGE: L. G. Everist, Inc. <br />7321 E. 88th Avenue Street <br />Henderson, Colorado 80640 <br />Attention: Dennis Fields, Division Manager <br />With a copy to: Gorsuch Kirgis LLP <br />Tower 1, Suite 1000 <br />1515 Arapahoe Street <br />Denver, Colorado 80202 <br />Attention: Curtis K. Matuna, Esq. <br />Fax: (303) 376-5001 <br />And a copy to: Carrie L. Ciliberto, Esq. and Associates, LLC <br />1660 Lincoln Street, Suite 1700 <br />Denver, Colorado 80264 <br />FL-LBDCAgreement-Sep2004. DOC