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D. The parties acknowledge that they previously entered into a Ditch Relocation <br />Agreement dated November 6, 2000 (the "First Ditch Relocation Agreement "). <br />This agreement shall not modify or change the parties' rights and obligations <br />under the First Ditch Relocation Agreement. <br />AGREEMENT <br />FOR VALUABLE CONSIDERATION, the receipt and adequacy of which is <br />acknowledged, CCC, and WFC hereby agree as follows: <br />1. Definitions. For the purposes of this Agreement, the following teens shall have the <br />meaning set forth below: <br />1.1 Construction Design Plaits._ shall mean the final maps, drawings and surveys to be <br />prepared in accordance with paragraph 2.3. <br />1.2 Ditch shall have the meaning attributed to such tern in Recital A set forth above. <br />1.3 Engineer. shall mean Del -Mont Consultants, Inc. of Montrose, Colorado. <br />However, nothing in this paragraph shall require Del -Mont to be the sole Engineer during the <br />entire term of this Agreement. <br />1.4 Permanent Pipeline. shall mean a high - density polyethylene pipeline to <br />permanently replace the relocated portion of the Ditch following completion of mining and <br />reclamation activities on the Garvey and Meehan Properties, and if mined, the Nygren and <br />Carver Properties. <br />1.5 Permanent Relocation Easement. shall have the meaning attributed to such tern in <br />Section 7.2.2 of this Agreement. <br />1.6 Plan Amendment. shall mean any plans, specifications and maps supplementing, <br />amending, updating, or replacing in any way all or any part of the Relocation Plan (as defined <br />below) and approved by the parties pursuant to Section 1.7 below. Upon approval of a Plan <br />Amendment in accordance with Section 2.3 of this Agreement, such Plan Amendment shall <br />become part of the Relocation Plan. <br />1.7 Relocation. shall mean the relocation of the Ditch, both in the Temporary Pipeline <br />and the Permanent Pipeline. <br />1.8 Relocation Plan. shall mean the plans, specifications and maps to be prepared <br />pursuant to Section 2.2 of this Agreement. <br />1.9 Repair and Maintenance Period. shall mean that period of time commencing the <br />day the Permanent Pipeline is complete and terminating five (5) years thereafter. <br />2 <br />