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P <br />e. The well shall be capped with a metal opening lid <br />capable of being locked in place. <br />2. GUARANTEE. The water well to be'constructed.by the <br />Contractor for the Landowner shall produce a minimum of four <br />gallons of water per minute. The Contractor guarantees the water <br />production from the well from the date hereof until one year <br />after the gravel pit area reclamation is completed according to <br />the applicable governmental regulations. If at any time the <br />water production is reduced to a level below that of four gallons <br />of water per minute, the Contractor at Contractor's expenses <br />shall immediately take such action as shall be necessary to <br />increase the water production to the four gallon per minute <br />standard. <br />3. COMPLETION. The Contractor shall pay for the work <br />(labor and materials) provided for herein and shall.complete the <br />same on or before the _L day of , 1990•. The <br />Landowner shall have no liability for an of the above costs or <br />expenses in regard thereto, provided that the Landowner shall <br />provide and install at the Landowner's cost the water pump, <br />service water and electrical supply for the water well. <br />4. RELEASE. If the contractor completes the water well as <br />provided herein, upon the expiration of the guarantee period <br />provided herein, the Landowner for himself, his heirs, personal <br />representatives, successors and assigns, shall release, and <br />forever discharge the Contractor from any and all actions, claims <br />and defiands and liabilities for or by reason of the reduced water <br />supply in the present water well of the Landowner. <br />5. SURVIVAL. All covenants, agreements, representations <br />and warranties made by Contractor herein shall survive completion <br />of the well for the guarantee period and Contractor hereby agrees <br />to indemnify and hold the Landowner harmless from any loss, <br />damage or expense, including reasonable attorney's fees and <br />costs, incurred by reason of the breach of any agreement, <br />warranty, guarantee, covenant or representation contained herein. <br />6. BINDING EFFECT. This Agreement shall be binding upon <br />and inure to the benefit of the parties hereto, their respective <br />heirs, successors and assigns and constitutes the entire <br />agreement between the parties incident to the subject matter <br />hereof. This Agreement. may not be amended except by an <br />instrument in writing executed by all the parties hereto. <br />6. MISCELLANEOUS. The headings of paragraphs herein are <br />for convenient reference only and do not define, amplify or <br />describe any term, part or condition of this Agreement. This <br />Agreement shall be construed under Colorado Law, with proper <br />venue in Routt County.