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through the Second Park Lateral Ditch during the irrigation season which is defined as March 1 <br />of each year through November 30 of each year. <br />6 Operation and Maintenance of Ditch. Temporary Pipeline and Permanent Pipeline. <br />6.1 Operation of Ditch, Temporary Pipeline and Permanent Pipeline. CCC will be solely <br />responsible for the safe and efficient operation of the Ditch and the Permanent Pipeline; the <br />regulation of water flow in the Ditch and the Permanent Pipeline; and the physical distribution <br />and allocation of the ditch water to the appropriate shareholders. WFC will be responsible for <br />the safe and efficient operation of the Temporary Pipeline and CCC shall be responsible for the <br />regulation of water flow in the Temporary Pipeline and the physical distribution of the ditch <br />water to the appropriate shareholders. <br />6.2 Maintenance of Temporary Pipeline. Beginning on the date the Temporary Pipeline is <br />complete and ending on the date the Permanent Pipeline is complete, WFC shall perform all <br />maintenance and repairs of the Temporary Pipeline, at WFC's sole expense; provided, however, <br />that WFC shall not be responsible for the costs of repairing damage to the Temporary Pipeline <br />caused by negligent or willful acts of CCC, its employees, or agents. <br />6.3 Maintenance of Permanent Pipeline. <br />6.3.1 During the Repair and Maintenance Period, WFC shall perform all maintenance <br />and repairs of the Permanent Pipeline, at WFC's sole expense, provided, however, that <br />WFC shall not be responsible for the costs of repairing damage to the Permanent Pipeline <br />caused by the negligent or willful acts of CCC, its employees, or agents. <br />6.3.2 During the Repair Period, WFC shall repair, correct or remedy, at WFC's sole <br />expense, any condition which impairs the structural integrity or soundness of the <br />Permanent Pipeline. However, in no event shall WFC be responsible for correcting: (1) <br />conditions to be corrected as part of normal maintenance in accordance with the <br />maintenance schedules to be prepared in accordance with Section 2.2.3; (2) conditions <br />resulting from CCC's failure to perform maintenance in accordance with the maintenance <br />schedules to be prepared in accordance with Section 2.2.3; and (3) repairs having <br />material and labor costs (at CCC's hourly rate) of less than $400 per occurrence. In <br />addition, WFC shall not be responsible for the costs of repairs or damage to the <br />Permanent Pipeline caused by the negligent or willful acts of CCC, its employees, or <br />agents. <br />6.3.3 During the Repair Period, CCC shall perform the maintenance on the Permanent <br />Pipeline in accordance with the maintenance schedules to be prepared in <br />accordance with Section 2.2.3. <br />6.4 Failure to Perform Maintenance or Repairs. In the event WFC fails to perform the <br />maintenance or repairs required by Sections 6.2 or 6.3 of this Agreement which <br />materially effects the current delivery of water, CCC may, after 24 hour written <br />notice by personal delivery to the local office of WFC or facsimile transmission to <br />7 <br />