2011-03-14_REVISION - M1977493 (41)

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CM0000891 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, I'. agreements, soil samples, water quality tests and any other inspections and investigations. Said ti 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 1 Performance Obligations and the Joint Obligations. ' ` (e) Climax agrees not to oppose any application filed by the Reservoir Ir' Company or its Shareholders to change the Pando Feeder Canal water rights described in the attached Exhibit P into storage in Eagle Park. Reservoir. (f) Climax agrees not to oppose entry of a final decree in Case No. 92CW340, Water Division No. 5, awarding a water storage right to the Eagle Park Reservoir in the amount claimed in said case. 16. Due Diligence. (a) Title Commitment. Within 90 days after the execution of this Agreement, Climax shall deliver to the Reservoir Company, at Climax's expense, a title insurance commitment, issued by a title insurance company acceptable to the Reservoir Company, showing the status of title to and committing to insure after Closing fee title in the Reservoir Company of the Eagle Park Reservoir and title in the Reservoir Company of the easements associated with the Chalk Mountain Interceptor, the East Fork Pumpback, Robinson Seepage Pumpback and Delivery Facilities. Climax shall at the same time deliver copies of all exceptions to title shown in such commitment. Such commitment shall name the Reservoir Company as the proposed -?< insured, in an amount to be equal to the Purchase Price, on a standard. owners' policy, ALTA I Form B, 10/17/92, with extended coverage and endorsements for the deletion from Schedule 8 of standard title policy exceptions 1 through 4 (the "Commitment'). 4. (b) Inspection. Prior to the Closing, and prior to the closing under the East Fork Pumpback Option, the Reservoir Company and its agents shall have the right to enter upon the Climax Property and to conduct such tests, water quality sampling, inspections, and investigations as the Reservoir Company deems necessary or relevant in connection with the transactions contemplated by this Agreement. The results of any such tests, inspections or investigations shall remain strictly confidential (except as may be necessary to disclose as part of any permitting process relating to the Project or if compelled by valid legal process), and the M2669 -12- 666203 08/17/1998 03:10P 23 Sara Fisher 12 of 112 R 561.00 D 0.00 N 0.00 Eagle CO .• W- 0 O OJD N N ;U v coo mm? maw zw? mw? mc? rv-_ a a a_! c i A ? A • •