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AMENDED AND RESTATED AGREEMENT FOR THE PURCHASE OF WATER <br />THIS AMENDED AND RESTATED AGREEMENT FOR THE PURCHASE OF <br />WATER (the "Amended Agreement ") is made and entered this giCilay of May, 2000, by and <br />between the COLORADO SPRINGS UTILITIES (hereinafter "CSU ") and the CRIPPLE <br />CREEK & VICTOR GOLD MINING COMPANY (hereinafter "CC &V "). <br />WITNESSETH <br />WHEREAS, CC &V operates the Cresson Mine located in Teller County, Colorado in <br />the vicinity of the City of Victor; and <br />WHEREAS, CC &V has entered into a water supply contract with the City of Victor to <br />provide the primary water supply for the Cresson Mine, but which also expresses the joint <br />desire of CC &V and the City of Victor for CC &V to obtain one or more backup water supply <br />contracts to be used by CC&V in the event and to the extent the City of Victor does not wish <br />to or cannot provide the full amount of water requested by CC &V for the Cresson Mine; and <br />WHEREAS, the City of Colorado Springs on behalf of CSU is the owner of reusable <br />water rights and water facilities which will enable it to sell and deliver water to CC &V for the <br />above - referenced use; and <br />WHEREAS, CSU has authority to enter into contracts for the sale of reusable raw <br />water outside the area where it supplies treated water service; and <br />WHEREAS, the parties previously entered into that certain Agreement for the Purchase <br />of Water dated September 1, 1995 ( "Prior Agreement "), and by this Amended Agreement, the <br />parties wish to amend, update, and extend the Prior Agreement. It is the intent that this <br />Amended Agreement shall supersede the Prior Agreement in its entirety. There are several <br />reasons for this Amended Agreement, including: the contracting entity for the City of <br />Colorado Springs in such matters is now the Colorado Springs Utilities; the manager of CC &V <br />has had a name change to AngloGold (Colorado) Corp.; the parties wish to extend the term of <br />this Amended Agreement for an additional ten (10) years; the parties wish to modify the <br />amount of water covered by the Prior Agreement; and other administrative details need to be <br />updated. <br />NOW THEREFORE, in consideration of the mutual covenants and agreements <br />contained herein, CSU and CC &V agree as follows: <br />711 yeks v wager parttime agreement dam <br />