2012-11-14_INSPECTION - M2003091

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3.2.3. Following completion of the Temporary Ditch and the Ditch Company's approval of the same, the Ditch Company shall use the Temporary Ditch during the 2012 Irrigation Season to deliver the Ditch Company's water to the Ditch Company's shareholders across the MMM Property. MMM shall take all reasonable steps to ensure the Temporary Ditch does not interfere with the flow of the Ditch Company's water through the Ditch to the Ditch Company's shareholders. MMM shall be liable and responsible for liquidated damages in the amount of $1,000.00 per day for each day during the 2012 Irrigation Season that the Temporary Ditch is the direct and proximate cause of the Ditch Company's inability to deliver the Ditch Company's water across the MMM Property to the Ditch Company's shareholders. 3.3. DITCH COMPANY APPROVAL OF PLANS FOR PERMANENT DITCH RELOCATION. Within thirty (30) days following the Ditch Company's approval of the Temporary Ditch, MMM shall submit to the Ditch Company final engineering plans for the Permanent Ditch Relocation prepared by Scott, Cox & Associates, Inc. ( "Plans "). The Ditch Company shall review the Plans with a goal of approving them within sixty (60) days of receipt, with a goal of final approval being granted before the end of the 2012 Irrigation Season on October 31, 2012. The approved Plans shall be made an addendum to this Agreement. 3.4. WRITTEN CONSENT REQUIRED TO MODIFY APPROVED PLANS. Once the Ditch Company has reviewed and approved the Plans, no material modification to the approved Plans shall be made without the prior written consent of the Parties. By reviewing and approving the Plans, the Ditch Company is not warranting that the Permanent Ditch Relocation, if constructed in accordance with the Plans, will comply with any applicable laws, engineering standards or safety standards, and the Ditch company shall not be liable for any defects in the Plans. 3.5. PERMANENT DITCH RELOCATION. Subsequent to the Ditch Company's final approval of the Plans, MMM shall construct the Permanent Ditch Relocation in accordance with the approved Plans. Additionally, subsequent to the Ditch Company's final approval of the Plans, the Ditch Company shall convey via Quit Claim Deed its interest in the Existing Ditch Easement and the 2004 Agreement Easement to MMM. 3.5.1. MMM agrees that the Permanent Ditch Relocation shall proceed expeditiously and with reasonable diligence from the commencement of construction to its completion. MMM shall commence the Permanent Ditch Relocation no earlier than the date on which the Ditch Company approves the Plans and shall complete the Permanent Ditch Relocation no later than March 17, 2013, provided that the Ditch Company has approved the Plans on or before October 31, 2012 in accordance with paragraph 3.3 of this Agreement. 3