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• <br />3. No rental shall be paid for the use of the industrial Water Right as defined in <br />Exhibit B, it being acknowledged by Coors that the consideration it will receive under Exhibit C <br />is adequate for the lease of the Industrial Water Right. For the use of water divertible under the <br />portions of other water rights decreed to the Deer Trail Ditch and the Fire Mountain Canal, <br />which are represented by shares of stock in the Deer Trail Ditch Company and the Fire Mountain <br />Canal and Reservoir Company, then additional consideration shall be paid in the manner <br />hereinafter set forth. <br />4. [t is mutually understood that this lease contemplates the exercise by Bowie of the <br />Subject Water Rights in the diversion and use of the waters of Hubbard Creek, the North Fork of <br />the Gunnison River and Terror Creek which are available, in priority, at t(te point of diversion of <br />the Deer Trail Ditch or the Fire Mountain Canal and which are raw, untreated waters of the <br />quality available in that creek ai that point of diversion. ]i is mutually agreed that Coors does <br />not, by these presents, guarantee either the quantity or the quality of the water which may be <br />divertible by Bowie in the exercise of the Subject Water Rights. <br />5. Bowie agrees to divert as much water as may be lawfully and physically available <br />• in the exercise of the Subject Water Rights and to fully use ttte waters thus diverted For their <br />decreed purposes in connection with its developments in Delta County. <br />6. Coors shall have no obligation to divert or carry the water divertible under the <br />Industrial Water Right for the benefit of Bowie, it being mutually understood that in the exercise <br />of that water right, Bowie may need to make separate arrangements with the Deer Trail Ditch <br />Company for the use of its facilities for the diversion and carriage of such water. Coors, as the <br />majority shareholder in that company, agrees to cooperate with Bowie to accomplish such a <br />result to the extent that it can without impairing the rights of the minority shareholders in that <br />company. <br />7. Bo.vie shall reimburse Coors for the cost of any annual assessments required to <br />pay the cost of such operating and maintenance expenses as may reasonably be required to <br />maintain their respective delivery systems in reasonably efficient operating conditions which <br />Coors may be obligated to pay the Deer Trail Ditch Company or the Fire Mountain Canal and <br />Resen•oir Company for the number of shares of stock in those companies set forth on Exhibit B. <br />Coors agrees not to vote its shares of stock in those companies in favor of extraordinary ditch <br />improvements or rehabilitation without Bowie's prior approval. <br />8. Bowie shall keep and maintain accurate contemporaneous records of al! water <br />diverted for its uses under this lease and such records shall be available for inspection by Coors <br />upon reasonable notice to Botivie. <br /> <br />