2011-03-14_REVISION - M1977493 ‎(67)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/14/2011
• Doc Name: Exhibit List, Exs. 10 & 11
• From: Climax
• To: MLRB
• Type & Sequence: AM6
• Media Type: D
• Archive: No

503635 B-607 P-553 04128193 13:4&cooc?j 17 OF 99
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(c) During the terms of the EPR'Conversion Options
(as such term is defined herein), deliveries from the Arkansas
Well to Chalk Mountain Reservoir and Buffehr's Reservoir and
to the Arkansas River Basin shall be limited to a cumulative
total of 1.35 acre feet during any 24 hour period during the
months of October through February.
(d) Deliveries by exchange to the Ten Mile Delivery
Point shall be subject to the provisions of Section 2.2(c)
above,
2.5 Climax Operation, Maintenance and Permitting
Obligations.
(a) OM&R. Climax shall be responsible for the
operation, maintenance, repair and replacement ("OM&R") of the
Existing AW Delivery Facilities pursuant to the terms hereof.
(b) Permitting and Compliance with Regulations.
Climax shall perform all OM&R obligations and all activities
contemplated in connection therewith in compliance with all
applicable zoning, health, safety and environmental
regulations. In addition, Climax shall in its own name and at
its sole cost and expense:
(i) obtain, renew and periodically review any
required discharge permits to enable the delivery of the AW
Priority Water as provided herein; and
(ii) ensure that the delivered AW Priority Water
meets all applicable water quality, health, safety and
environmental standards at the points of delivery;-provided
that after the expiration of the EPR Conversion Options, VA
shall bear an appropriate share of costs and expenses
associated with the acquisition of any permits necessary to
discharge the AW Priority Water to the Eagle River Delivery
Point and any water treatment required by a change in permit
requirements as contemplated by the force majeure provision of
Section 4.13.
(c) Term of Climax Obligations. Such OM&R and
permitting obligations under Sections 2.5(a) and (b) shall, at
all times, remain the sole responsibility of Climax until the
occurrence of one of the following events and the election of
Climax to terminate its OM&R and permitting obligations:
(i) either Climax or VA shall have exercised
its respective EPR Conversion Option;

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