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B 1080 REC 02020351 08/12/85 10:47 $21.00 4/007 <br />/ F 0235 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO <br />appropriate equitable and legal remedies, including injunctive <br />relief, specific performance and damages. In the event such <br />enforcement is necessary, whichever of the mining company and <br />owners (and their heirs, -successors and assigns) who are found <br />to have violated the agreement, agree to pay for any reasonable <br />attorneys' fees, engineers' fees and costs expended in obtain- <br />ing the enforcement of the provisions violated. However, if an <br />action for such enforcement is brought and the mining company <br />or the Owners (or their heirs, successors or assigns) prevail, <br />then the claimant seeking such enforcement shall pay any reason- <br />able attorneys' fees, engineers' fees and costs expended in de- <br />fending the claims on which the claimant fails to prevail. <br />6. Objections to permit. In consideration of the cove- <br />nants herein contained, the Water Users and its members hereby <br />withdraw their objections to granting the special use permit <br />and consents that the same may be issued at the discretion of <br />Weld County and the Division of Mines of the Department of <br />Natural Resources of the State of Colorado; and the Water Users <br />and its members agree that none of them will claim or assert <br />that the carrying out of the mining plan and reclamation plan, <br />and use of water in the crushing and washing of sand and gravel <br />and preparation of ready-mixed concrete as above set forth has <br />an adverse effect on the water rights or any member of the Water <br />Users. <br />DATED the day and year first above written. <br />WITNESS our hands and official seals. <br />I L <br />Milton H. Nelson <br />Helen C. Nelson, <br />Owners. <br />-4-