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3. Timing of Relocation. <br />3.1 The Temporary Pipeline. WFC shall begin construction of facilities necessary for <br />relocation of the ditch to the Temporary Pipeline in late 2011 or early 2012 in advance of the <br />irrigation season to ensure the system's functionality prior to commencement of the irrigation <br />season. WFC shall cause the necessary inlet and outlet structures and associated piping to be <br />completed prior to the spring water run in the Ditch. However, in no event will WFC be required <br />to ensure system functionality on the Temporary Pipeline prior to March 1, 2012. CCC shall <br />divert sufficient water into the Second Park Lateral Ditch to perform such testing of the <br />Temporary Pipeline. <br />3.2 The Permanent Pipeline. The permanent relocation will take place once mining <br />moves sufficiently north of the existing ditch location on the Garvey and Meehan properties and <br />the area is restored to its approximate original contour. WFC shall cause the Permanent Pipeline <br />to be installed by March 1 in the year work is commenced to ensure the system's functionality <br />prior to commencement of the irrigation season. However, in no event will WFC be required to <br />ensure system functionality on the Permanent Pipeline prior to March 1 in the year work is <br />commenced on the Permanent Pipeline. WFC will provide an opportunity to CCC for testing the <br />functionality of the pipeline before CCC takes final possession of the pipeline. <br />3.3 Time of Essence. WFC confirms that time is of the essence with respect to the <br />completion of the Temporary Pipeline and the Permanent Pipeline and agrees the time limits set <br />forth herein are reasonable. WFC further confirms that the shareholders of CCC would be <br />damaged to the extent CCC is unable to deliver water to its shareholders due to WFC's failure to <br />complete the Temporary Pipeline or the Permanent Pipeline in a timely fashion. WFC shall <br />indemnify the shareholders of CCC as provided in Section 8.2 of this Agreement. <br />4 Construction of Temporary Pipeline and Permanent Pipeline. <br />4.1 Construction. In the construction of the temporary Pipeline and the Permanent <br />Pipeline: <br />4.1.1 WFC shall complete the Relocation in a good and workmanlike manner in <br />accordance with the Relocation Plan and Construction Design Plan. <br />4.1.2 WFC shall be solely responsible for and have control over construction means, <br />methods, techniques and procedures and for coordinating all portions of the <br />Relocation and Construction Design Plan. <br />4.1.3 Prior to the time the Temporary Pipeline or the Permanent Pipeline is placed in <br />service, the Engineer selected to prepare the Relocation Plan shall inspect the <br />Temporary Pipeline and the Permanent Pipeline and certify to both WFC and <br />CCC that such pipeline has been installed substantially in accordance with the <br />Relocation Plan and Construction Design Plan. <br />5 <br />