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14. United acknowledges that its pumping, estimated at 4.7 c.fs., shall not affect the water <br />level in the Lake 2B Pit. Therefore, if East Creek is not running and refilling the Lake 2B Pit during <br />United's use, United shall at its sole cost and expense pump water from the Gunnison River from the <br />Wadlow Pumping Plant point of diversion into the Lake 2B Pit to replace the water removed for <br />United's industrial uses. <br />15. McCurter will, subject to the terms and conditions imposed by the Water Court in the <br />Change Case, obtain a well permit for the Lake 2B Pit that includes the authorization to pump water <br />for United's use as set forth herein. <br />16. United acknowledges that water availability may be determined by many factors <br />beyond McCurter's control, including but not limited to drought and water delivery or storage <br />structure failure. United shall hold McCurter harmless on account of any damages which may result <br />from such curtailment. <br />17. This agreement shall be binding upon the Parties' successors and assigns. <br />WHEREFORE, the parties hereto have set their hands and seals this 5 day of <br />2010. <br />LESSOR: McCurter Land Company, LLC. <br />STATE OF COLORADO <br />COUNTY OF 4E--W <br />vGr <br />B : es McCurter <br />The foregoing Water Lease Agreement was acknowled efore a by James McCurter. <br />Witness my hand and official seal. <br />Npp Public <br />?iddress:/ <br />My commission expires: -l-f <br />Page 3 of 4 <br />Craig Ranch Pit, March 2011 G-6