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 04/28/93 13:44 CMCdWr7g0 OF 99
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(d) Construction by VA. To the extent that Future
AW Delivery Facilities are constructed by VA, its agents,
employees or contractors, VA agrees to obtain insurance for
such construction activities as provided on Schedule 1 hereto.
Any disputes with respect to the insurance requirements in
ti. Schedule 1 shall be submitted to arbitration as provided in
Section 4.9.
•
(e) Construction by Climax. Climax agrees that it
is willing and able to construct Future AW Delivery Facilities
subject to reaching a mutually acceptable construction
agreement with VA.
(f) Climax Right of Relocation. Subject to VA's ??•
written consent, which consent shall not be unreasonably
withheld, Climax shall have the right to relocate or modify
any portion of the AW Delivery Easement and/or the AW Delivery `.'.
Facilities at its sole cost and expense and grant a new
easement in lieu thereof; provided that any such relocation or
modification does not result in any increased costs to VA or
otherwise detrimentally affect the AW Water Rights. The
parties shall submit any dispute regarding such relocation or
modification to arbitration as provided in Section 4.9.
Notwithstanding the foregoing, Climax shall not relocate the is
Arkansas Well or Chalk Mountain Reservoir.
(g) Climax Use of AW Delivery Easement Land.
Climax and its assignees shall be entitled to full use and
enjoyment of the land burdened by the AW Delivery Easement;
provided that such use by Climax or its assignees shall be
subject to the rights of VA as provided herein and any such
use by Climax or its assignees shall not be conducted so as to
interfere with the purposes of the AW Delivery Easement.
(h) Additional Easements of Necessity. Climax
shall convey to VA, at no further cost to VA, any additional
easements that VA may now or in the future deem to be
necessary in order for the AW Water Rights to be delivered to
the Delivery Locations as contemplated herein. Any such
additional easements shall be subject to all the rights and
restrictions applicable to the AW Delivery Easement as
provided herein and shall not unreasonably interfere with
"l Climax operations. In addition, to the extent that any
portion of the legal descriptions of the Existing AW Delivery
Facilities does not accurately describe the location of the
Existing AW Delivery Facilities, Climax shall grant new
easements in lieu thereof to correct any such discrepancies.
The parties shall submit any dispute regarding additional
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