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WHEREFORE, THE DITCH COMPANY AGREES TO ALLOW MMM TO CONDUCT <br />THE DITCH RELOCATION SUBJECT TO THE TERMS, CONDITIONS AND <br />COVENANTS SET FORTH IN THIS AGREEMENT. ACCORDINGLY, IN <br />CONSIDERATION OF THE MUTUAL PROMISES SET FORTH IN THIS <br />AGREEMENT, THE PARTIES COVENANT AND AGREE AS FOLLOWS: <br />3. DITCH RELOCATION. <br />3.1. DITCH RELOCATION LIMITED TO MMM PROPERTY. The Parties agree that <br />Lafarge shall remain responsible, at its own expense, to improve the portions of <br />the Ditch previously relocated by Lafarge that are not located on the MMM <br />Property, and MMM shall only be responsible for the Ditch Relocation on the <br />MMM Property. <br />3.2. TEMPORARY DITCH. MMM shall construct the Temporary Ditch by excavation <br />of a trapezoidal earth ditch consisting of, at a minimum, a 2 foot bottom width, <br />with 1.5 horizontal to 1 vertical side slopes, and a total depth of 2.8 feet, and a <br />slope of 0.31 percent. The Temporary Ditch will be constructed within the Ditch <br />Maintenance Easement as described and defined in paragraph 3.2.2 of this <br />Agreement. <br />3.2.1. After MMM completes the Temporary Ditch, the Ditch Company shall <br />inspect and either approve or reject the Temporary Ditch for use during <br />the 2012 Irrigation Season. The Ditch Company may require that MMM <br />run Ditch Company water in and through the Temporary Ditch to insure <br />its operational integrity as a condition of approval. If the Ditch Company <br />rejects the Temporary Ditch, MMM shall have the opportunity to improve <br />the Temporary Ditch for the Ditch Company's approval. The Ditch <br />Company shall have the sole ability to approve the Temporary Ditch, and <br />such approval shall not be unreasonably withheld. <br />3.2.2. Upon the Ditch Company's approval of the Temporary Ditch, MMM shall <br />provide the Ditch Company with a permanent, non - exclusive easement on <br />the MMM Property, which shall be effectuated by MMM's execution of <br />an easement deed ( "Easement Deed "), the form of which is attached <br />hereto as EXHIBIT C, and which MMM shall record, at its expense, in <br />the real property records of the Office of the Weld County Assessor. Said <br />easement shall be used for the operation, maintenance, repair and <br />replacement of the Permanent Ditch Relocation upon, over and across the <br />MMM Property, and shall be located in that portion of the MMM Property <br />described in EXHIBIT C -1 to this Agreement ( "Ditch Maintenance <br />Easement "). <br />2 <br />