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

CM0000893
(b) For the purpose of determining Additional Yield, "firm yield" shall mean
y the volume of water that can be released from Eagle Park Reservoir during dry year conditions
on a reliable basis without shortage, based on reservoir operations in which a volume of water
equal to one-fourth the firm yield is released during wet year conditions and one-half is released
during average year conditions. Dry year, average year and wet year conditions shall be
distinguished by the relative amounts of streamflow in the Eagle River basin during the months
of September through March throughout the study period of 1947 through 1993. Dry year
conditions occurred during the 12 years of said study period with the lowest prevailing
streamflow, average year conditions occurred during the median 24 years, and:wet year
conditions occurred during the 11 years of highest streamflow.
19. o i e. All notices and other communications under this Agreement shall be in
writing and shall be deemed to have been duly given on the date of service, if served personally
on the party to whom notice is given, or on the third day after mailing, if mailed.to the parry to
whom notice is to be given by first class mail, registered or certified, postage prepaid and
f "
properly addressed as follows:

uk.: If to the Reservoir Company: Eagle Park Reservoir Company
846 Forest Road
Vail, CO 81657
Attn: Manager
'y
. with a copy to: Glenn E. Porzak
Porzak Browning & Johnson LLP
929 Pearl Street, Suite 300
Boulder, CO 80302

S If to Climax: Climax Molybdenum Company
Henderson Mine
P.O. Box 68

" Empire, CO 80438
Attn: Manager
a
with a copy to:*
Brian M. Nazarenus
1400 Glenarm Place, Suite 300
Denver, CO 80202
Any party may change its address by giving notice in the manner provided hereunder.
20. Survival of Terms. The representations, warranties, covenants and options given
by each party hereunder, and the parties' remedies, obligations and indemnities set forth herein,
shall be deemed to be continuing in nature, shall survive the Closings, and shall not merge with
the conveyances provided herein.
fd2669 -14-
?_ 1111111 II!!IIIl11111111 IIIII 111111 IIIII ill 111111 III IIII
666203 08/17/1998 03:10P 23 Sara Fisher
14 of 1121R 561.00 D 0.00 N 0.00 Eagle CO
. Y . ....v.-.tee. ...._.?.?............... ...._ ._ .. ?....?. >-..,:. -. ....
._ w
p r as
o a
N sEN_
a7 N ?
W..
0Wi.?•a;.
saae
ca
0(o
mm?
CS)
W_
z
m En
mv?
W OD
r m c?
l00 a nwo
A
o
C
A
M
7
•
•