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Y <br />• <br />the Company and the undersigned shareholders of the Company <br />hereby covenant to Climax as follows, and such covenants shall <br />survive the Closing: <br />(a) The Company and its below signed <br />shareholders each agree that they will not oppose any diligence <br />applications, filed within 20 years after the Closing, by <br />Climax, its parent, subsidiaries, affiliates or their <br />successors or assigns; for water rights decreed pursuant to the <br />Ute Park Reservoir storage right transferred to the Henderson <br />Mine Water System by decree of the District Court in and for <br />Water Division No. 5, State of Colorado, in Case No. W-528, <br />which rights are used in connection with the operation of the <br />Henderson Mine located in Clear Creek and Grand Counties, <br />Colorado; <br />(b) The Company and its below signed <br />shareholders each agree that they will not oppose any <br />applications for the adjudication of alternate diversion points <br />or storage facilities for the Henderson Mine water rights <br />decreed by the District Court in and for Water Division No. 5, <br />State of Colorado, in Case Nos. W-528 and W-528-76, provided <br />• that any such alternate diversion points or storage facilities <br />are located on or adjacent to the Henderson Mine property and <br />do not (1) adversely affect area instream flow decreed to the <br />Colorado Water Conservation Board ("CWCB") by the District <br />Court in and for Water Division No. 5, State of Colorado, in <br />Case Nos. 79CW183 and 79CW185, (2) result in consumptive use in <br />excess of 704 of per year for the Henderson water rights <br />described in Case Nos. W-528 and W-528-76, or (3) result in an <br />increase in diversion and storage under the absolute and <br />conditional portions of the Ute Park Reservoir rights described <br />in (a) above in excess of 6,000 of per year, to which the <br />parties hereby stipulate; and <br />(c) The Company and its below signed <br />shareholders each agree that they will not oppose any <br />re-adjudication of the water rights more particularly described <br />on Exhibit I attached hereto and appurtenant to the Climax Mine <br />to (1) allow additional uses and places of use, and (2) modify <br />the facilities related to the water rights, provided that such <br />changes in use and facilities do not (i) adversely affect the <br />physical or legal water supply available to the Reservoir or <br />instream flows decreed to the CWCB, or (ii) result in a <br />consumptive use attributable to such water rights in excess of <br />5,090 of per year, computed as a five-year running average <br />under Climax water rights decreed for diversion and storage in <br />. the Tenmile Creek drainage basin, or (iii) cause the diversion <br />attributable to such water rights to exceed the following <br />maximum monthly limits, to which the parties hereby stipulate: <br />C.