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2.2.4 Based upon the final hydraulic design for the Permanent Pipeline, the <br />Engineer will determine the maximum allowable settlement within the <br />reclamation fill placed beneath the route of the Permanent Pipeline. Prior to <br />the commencement of construction of the Permanent Pipeline. The Engineer <br />will cause a geotechnical evaluation to be conducted by a geotechnical <br />engineer reasonably acceptable to CCC (the Geotechnical Engineer) so that <br />the Geotechnical Engineer can provide final compaction specifications for the <br />mining backfill along the course of the Permanent pipeline, consistent with the <br />maximum allowable settlement parameters determined by the independent <br />Engineer and the warranties of Section 5.3 of this Agreement. The <br />Geotechnical Engineer shall certify to WFC and CCC that such specifications <br />are reasonably satisfactory to comply with the maximum allowable settlement <br />parameters and warranties of Section 5.3 prior to commencement of <br />construction of the Permanent Pipeline. Subsequent to construction of the <br />Permanent Pipeline an engineer retained or employed by WFC shall certify to <br />CCC that compaction specifications have been properly competed. <br />2.2.5 A CCC representative shall review and, if acceptable, concur with the final <br />designs of the temporary and permanent pipelines prepared by the Engineer. <br />2.3 Construction Design Plans. Following replacement of the mining backfill and the <br />grading of the mining backfill to its final contours, the Engineer shall prepare such plans, <br />specifications and maps (which shall include a survey for locating the placement of the <br />Permanent Pipeline prepared by a surveyor licensed in the State of Colorado) as may be <br />necessary to construct the Permanent Pipeline in its final location which shall be forwarded to <br />CCC for review and approval. To the extent the parties cannot agree on the final specifications <br />for the Construction Design Plans, any disputes shall be resolved in accordance with paragraph <br />14. <br />2.4 Modification of Plans. In the event WFC desires to modify the Relocation Plan or <br />the Construction Design Plans, not less then thirty -one days prior to adopting or implementing a <br />Plan Amendment, WFC shall forward such plan to CCC for review. Unless, CCC objects to the <br />proposed Plan Amendment in writing within such thirty-one day review period, CCC shall be <br />deemed to accept and approve the Plan Amendment. If CCC communicates a written objection <br />to a Plan Amendment, WFC and CCC shall negotiate in good faith to resolve such objection. To <br />the extent the parties cannot agree on the modifications to the Relocation Plan or the construction <br />Design Plans, any disputes shall be resolved in accordance with paragraph 14. <br />2.5 Relocation Fee. Within thirty days of the final execution of this Agreement, WFC <br />shall pay CCC the sum of $ 100,000 (one hundred thousand dollars) to compensate CCC for <br />expenses associated with the relocation of the ditch and to begin a fund for the eventual <br />replacement of the Permanent Pipeline. <br />4 <br />