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a ? <br />• <br />February 11, 2011 DRAFT Climax - Eagle Park Reservoir Co. Agreement <br />measures necessary to effectively prevent future contamination. Climax will fully reimburse <br />the Reservoir Company and/or the District and the Authority for all costs that they incur to <br />acquire alternative water supplies because of any such contamination of Eagle Park <br />Reservoir, and shall also be fully responsible for any other damages caused by such <br />contamination. <br />Climax, the Reservoir Company, the District and the Authority agree that they will <br />jointly request that the terms, covenants and agreements in this Agreement and Paragraph 15 <br />of the Purchase and Sale Agreement be included as required conditions in any permit issued <br />by DRMC pursuant to the amendment requested by Climax in AM-06. Any violation of this <br />Agreement shall be enforceable in Colorado District Court as a contract action between the <br />parties and, or in the alternative, as a violation of the DRMS permit for the Climax Mine. <br />6. Withdrawal of Comment Letter. Given the provisions of this Agreement and <br />the Purchase and Sale Agreement, and provided that the DRMS agrees to condition the <br />permit amendment requested by Climax under AM-06 on full compliance with the terms of <br />this Agreement, the Reservoir Company, the District and the Authority agree to promptly <br />• withdraw their July 8, 2010 letters to DRMS regarding the AM-06 application and work <br />cooperatively with Climax under this Agreement in the manner outlined in this Agreement. <br />Executed as of the date first set forth above. <br />CLIMAX MOLYBDENUM COMPANY EAGLE PARK RESERVOIR <br />COMPANY <br />Fred Menzer, <br />Vice President and General Manager <br />Frederick Sackbauer IV <br />Chairman of the Board of Directors <br />EAGLE RIVER WATER & SANITATION <br />DISTRICT <br />Chairman of the Board of Directors <br />UPPER EAGLE REGIONAL WATER <br />AUTHORITY <br />Chairman of the Board of Directors