2011-03-30_REVISION - M1977493 (16)

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VA's AW Water Rights, and VA is not a party to, bound by or the subject of any writ, injunction or order of any court or governmental instrumentality that threatens or involves any of VA's AW Water Rights; (d) VA has full right, power and authority to enter into this Agreement, and to perform its obligations hereunder, and this Agreement and all other documentation required by VA hereunder when duly executed and delivered shall constitute the valid and binding obligations of VA. 15. Covenants of Climax. Climax hereby covenants to the Reservoir Company as follows: (a) Unless otherwise ordered by local, state, or federal officials, notice of which orders shall be promptly provided to the Reservoir Company, Climax shall take no action that detrimentally affects the Project, including but not limited to alteration of topography or other operations that adversely affect the amount or quality of water that can be collected by Eagle Park Reservoir, the Chalk Mountain Interceptor, or the East Fork Pumpback Facility; (b) Climax shall not modify any current operations or commence any new operations on any land owned, leased or. controlled by Climax that result in the introduction of additional pollutants over the average current pollutant level in water that is to be collected for storage in Eagle Park Reservoir, provided that Climax shall not be responsible for the • introduction of pollutants by third parties not within Climax's reasonable control; (c) Climax shall prevent any contamination of the Project or Project water from Robinson Reservoir or the other tailings facilities on the Climax Property, or by or from any of Climax's other activities. In addition, Climax shall operate the Robinson Seepage Pumpback Facility until such time as Robinson Reservoir is fully reclaimed and all water seeping, escaping or released therefrom meets the water quality standards of the East Fork of the Eagle River below Eagle Park Reservoir. Climax shall further operate the Dam 4 Seepage Pumpback Facility as provided in paragraph 9 above; (d) Upon request of the Reservoir Company, Climax shall provide the Reservoir Company with any information regarding satisfaction of the Climax or Joint Obligations, including without limitation, copies of any reports, studies, permits, decrees, agreements, soil samples, water quality tests, and any other inspections and investigations. Said information shall be kept confidential by the Reservoir Company and its shareholders, except as may be necessary to disclose as part of any permitting process related to the Project, or unless compelled by valid legal process. Similarly, upon request of Climax, the Reservoir Company shall provide Climax with any information regarding satisfaction of the Reservoir Company Performance Obligations and the Joint Obligations. fd2669 -1 1-