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the terms of the decree in Case No. 02CW66 regarding replacement of post - pumping <br />depletions associated with the portion of Pioneer's Excess 12 AF diverted by Monks <br />under the terms of this Water Lease Agreement. <br />6. Enforcement. In the event of any dispute between the parties relating to <br />this Water Lease Agreement or Well Sharing Agreement, the parties shall meet face to <br />face at least once to attempt to resolve their differences. If they cannot resolve their <br />differences and either party commencing litigation to enforce their rights hereunder, the <br />prevailing party shall be entitled to the award of its reasonable costs and attorneys' fees <br />incurred in such action, in addition to any other relief afforded. Each party waives any <br />right to consequential or special damages relating to any breach of this Water Lease <br />Agreement. <br />7. Well and Pumping Costs. Monks shall be solely responsible for operation <br />and maintenance of Monks' Arapahoe Well, including all costs related thereto. Pioneer <br />shall not be charged any amounts under the Well Sharing Agreement with respect to any <br />of Pioneer's Excess 12 AF that are diverted for Monks use pursuant to this Water Lease <br />Agreement, including any pumping or power costs. <br />8. Miscellaneous. This Agreement, including the Well Sharing Agreement <br />attached hereto, represents the complete agreement of the parties with respect to the <br />subject matter of this Agreement, and all prior negotiations or understandings are merged <br />herein. This Agreement may not be modified or amended except by a written document <br />executed by both parties. <br />00022608 <br />Executed and effective as of the date first set forth above. <br />R.E. MONKS CONSTRUCTION CO., LLC <br />By. \a -kS.1\ <br />Monks an <br />PIONEER SAND COMPANY, INC. <br />3 <br />Date <br />Date <br />,,,-4 <br />