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5. MAINTENANCE. <br />5.1. MAINTENANCE PERIOD. MMM shall maintain, repair and replace the portion of <br />the Permanent Ditch Relocation located within the Ditch Maintenance Easement <br />to the extent such work is necessary to deliver water through the Permanent Ditch <br />Relocation for three (3) years following the date on which the Ditch Company <br />provides its written acceptance of the Permanent Ditch Relocation ( "Maintenance <br />Period "). In the event that: (1) MMM fails to maintain, repair or replace the <br />Permanent Ditch Relocation within the Ditch Maintenance Easement during the <br />Maintenance Period; and (2) as the direct and proximate result of such failure, the <br />Ditch Company is unable to deliver water through the portion of the Permanent <br />Ditch Relocation located within the Ditch Maintenance Easement; and (3) the <br />Ditch Company has direct monetary damages resulting from the inability to <br />deliver water through that portion of the Permanent Ditch Relocation located <br />within the Ditch Maintenance Easement, M IM shall be liable for such direct <br />damages to the Ditch Company. <br />5.2. DITCH COMPANY REIMBURSEMENT FOR MAINTENANCE. Except in the event of <br />an emergency as defined in paragraph 5.3 of this Agreement, if, during the <br />Maintenance Period, MMM fails to maintain or repair the Permanent Ditch <br />Relocation as described in paragraph 5.1 of this Agreement within ten (10) days <br />after receiving written notice from the Ditch Company, then the Ditch Company <br />may, at its own option, conduct its own maintenance, repair or replacement. <br />MMM shall reimburse the Ditch Company for the reasonable cost of any <br />maintenance or repair work within thirty (30) days after the work is completed <br />and the Ditch Company provides MMM with an itemized bill for such costs. <br />5.3. EMERGENCY MAINTENANCE. In the event of an emergency, the Ditch Company <br />and/or MMM may conduct immediate maintenance or repair of the Permanent <br />Ditch Relocation within the Ditch Maintenance Easement, but must give notice to <br />the other Party pursuant to paragraph 11 of this Agreement as soon as possible. <br />For the purposes of this paragraph, an emergency is defined as: (1) a situation that <br />impacts the ability of the Ditch Company to take delivery of water when such <br />water is physically and legally available under the laws of the State of Colorado; <br />or (2) a situation that presents an immediate threat to public health or safety. If <br />the Ditch Company conducts any emergency maintenance or repair of that portion <br />of the Permanent Ditch Relocation within the Ditch Maintenance Easement as set <br />forth in this paragraph, MMM shall reimburse the Ditch Company for the <br />reasonable cost of such work within thirty (30) days after the work is completed <br />and the Ditch Company provides MMM with an itemized bill for such costs. <br />5.4. MMM CONTACT INFORMATION. MMM shall at all times during the <br />Maintenance Period maintain with the Ditch Company the name, address and <br />telephone number of people who shall be responsible for fulfilling the <br />maintenance responsibilities set forth in this Agreement. The initial responsible <br />people will be the following: <br />5 <br />