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 13:44 CM&9049 OF 99
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Facilities, (the "AW Delivery Easement") by special warranty
deed in the form attached hereto as Exhibit M. The nature of
the AW Delivery Easement and the parties' rights and
obligations thereto are as follows:
(a) General Scone. The AW Delivery Easement grants
VA access to and the right to use the AW Delivery Facilities
as provided herein and is subject to the operating provisions
10
of Article 2, together with the right to construct the Future
AW Delivery Facilities and to reconstruct, modify, install,
repair, replace, operate and maintain the AW Delivery
Facilities and any appurtenant equipment or structures
(including without limitation, any pumps, ditches and
pipelines). The AW Delivery Easement shall not give VA the
right to deliver or store water other than the AW Priority
Water; provided that Climax shall not interfere with VA's use
of the Chalk Mountain Storage or the Buffehr's Storage.
(b) Interim Limitation. During the terms of the
EPR Conversion Options, VA shall not have the right to
construct the Future AW Delivery Facilities without the
+ consent of Climax. During such time period, however, VA shall
have the right to install and use temporary delivery
facilities with the prior ' written consent of Climax, which
consent shall not be unreasonably withheld.
(c) Costs and Construction Plan Approval. VA shall
bear all costs associated with the design and construction of
the Future AW Delivery Facilities. Climax shall have the
right to review and approve the design and construction plans
j and schedules for the Future AW Delivery Facilities solely to
insure that such plans do not unreasonably interfere with
Climax operations, provided, however, that such approval by
j Climax shall not be unreasonably withheld. Notwithstanding
the foregoing, Climax hereby stipulates that the locations of
VA's proposed delivery facilities from the Chalk Mountain
s. Reservoir-and Buffehr's Reservoir to the Eagle River Delivery
Point and the corresponding portion of the Delivery Easement
as generally described on the attached Exhibit L do not
unreasonably interfere with Climax's operations and Climax
consents to such delivery facilities. Climax may elect to
1 participate in the design and construction of Future AW
Delivery Facilities with physical capacities larger than
i necessary for the flexible delivery of the AW Priority Water
as provided herein. In such event, Climax shall share pro
rata in such costs and shall be entitled to use the resulting
additional capacity. The parties shall submit any dispute
' regarding Climax approval of VA's design and construction
plans to arbitration as provided in Section 4.9.
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