2011-03-14_REVISION - M1977493 ‎(41)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/14/2011
• Doc Name: Exhibit List, Exs. 17 & 18
• From: Climax
• To: MLRB
• Type & Sequence: AM6
• Media Type: D
• Archive: No

CM0000889
(b) At the Closing, the Project Rights will be free and clear of all liens,
encumbrances, leases, contracts, assessments, charges, interests or adverse claims of any person
or entity, except for the Existing VA Rights;
(c) Climax has good and marketable title to Eagle Park Reservoir and the real
property to be affected by the East Fork Pumpback, Robinson Reservoir Pumpback, and
Delivery Facilities and the Chalk Mountain Interceptor easement;
(d) Other than the litigation set forth in paragraph 10(c) above, to the best of
Climax's knowledge after reasonable investigation, there is no action, suit, investigation or
proceeding by or before any court, arbitrator, administrative agency or other governmental
authority either threatened or pending that threatens or involves any of the Project Rights, and
Climax 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 the Project Rights or. rights
granted hereunder;
(e) Climax has no notice or knowledge of any violation of any federal, state
or local law or regulation pertaining to health, safety, environmental protection or hazardous
substances, or pollutants or contaminants in the Eagle Park Reservoir, or the real property to be
affected by the East Fork Pumpback and Delivery Facilities or the Chalk Mountain Interceptor,
or any easements related thereto;
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(f) Climax 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
hereunder, when duly executed and delivered, shall constitute the valid and binding obligations
of Climax.
13. Htgpresentations and Warranties of The Reservoir Company. The Reservoir
Company represents and warrants to Climax that:
(a) The Reservoir Company is-a mutual ditch and reservoir company fully
formed, validly existing and in good standing in the State of Colorado: and
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(b) The Reservoir Company 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 the Reservoir Company hereunder when duly executed and delivered
shall constitute the valid and binding obligations of the Reservoir Company.
a (c) After Closing, the Reservoir Company will provide 30 days advance
notice to Climax of any water rights application involving the Retained AW Water. so long as
the Reservoir Company owns such water.
4.
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666203 08/17/1998 03:10P 23 Sara Fisher
10 of 112 R 361.00 D 0.00 N 0.00 Eagle CO