2011-03-14_REVISION - M1977493 (40)

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CMO001261 • to be used on a permanent basis, at which time this easement shall terminate.automatically; 4. A non-exclusive easement over and across the access road described on Attachment '3 attached hereto, for access to the easements described above; and 5. A non-exclusive easement under, in and across the real property described on Attachment 4 attached hereto, for operation and maintenance.of the East Interceptor Canal and Pipeline currently constructed on the described real property, for transportation of water into the Clinton Gulch Reservoir.. The easement shall run until such time as the East Interceptor Canal and Pipeline'shall cease operations on a permanent basis, at which time this easement shall terminate automatically and without any action on the part of the Company or Climax. Upon such termination Climax shall, at its cost, remove the pipeline and repair any damage.caused by such removal. Transportation of water into the Reservoir shall be subject to the conditions set forth in Section 6(c) of the Reservoir Purchase Agreement dated as of July 21, 1992. between the company and Climax, which agreement.has been recorded in the real property records of Summit County, Colorado. Climax, its successors and assigns shall indemnify, defend and hold the Company, its officers, directors and shareholders harmless for any loss, cost, liability or expense resulting from construction, operation, maintenance or removal of the foregoing described pipelines or utility lines and shall, within three days after demand from the Company, release any liens placed on the Company's real property and resulting from the use of the foregoing easements. All use of the easements shall be in accordance with all federal, state and local statutes, rules and regulations relating to dam safety or operation. Prior to construction of any pipeline or utility lines within the easements granted herein, Climax shall provide.to the Company copies of all plans, specifications, engineering drawings (for such portions of the pipelines or lines within the granted easements), reports and documentation, including permit applications necessary for the Company's review thereof. Climax-shall not commence any such construction without the approval of the Company. All such construction shall be pursued in accordance with all construction, permitting and safety regulations. . The Company hereby warrants title to the foregoing easements, to have and to hold the same unto Climax, its successors and assigns forever. t -2-