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information relevant to Lessee's use of the Shares, including but not limited to acres irrigated, <br />irrigation practices, and crops grown. <br />6. Dry Up Year. Lessee understands and acknowledges that upon written <br />_notification from Lessor that the Shares are no longer available, Lessee shall begin revegetation <br />(` Revegetation Year ") in accordance with the terms of that certain Covenant Limiting the <br />Irrigation of Land, recorded in the Weld County Records on June 21, 2010, at Reception No. <br />3700530 ( "Dry Up "). Lessee further understands that revegetation shall be at Lessee's sole cost <br />and expense unless otherwise provided in the Dry Up. Lessee shall not be entitled to the Shares <br />upon notification that revegetation is to begin, unless otherwise agreed to by the Parties, and at <br />the sole discretion of Lessor. Lessee shall grant Lessor full access to the Property during the <br />Revegetation Year and thereafter, consistent with the terms of the Dry -Up, in order for Lessor to <br />monitor such revegetation activities. Consistent with the terms of the Dry -Up, Lessee shall <br />cooperate with Lessor in Lessor's continuing efforts to maintain the revegetated area. <br />7. Maintenance of Ditches/Laterals. Lessee shall, at its sole cost and expense, <br />maintain the lateral ditches, headgates and other personal property used for the delivery of the <br />Shares from the Whitney Irrigation Ditch Company to the Property, and make all repairs and <br />restorations when needed to preserve or render the lateral ditches in good working condition <br />during the term of this Agreement. Lessee agrees that, upon the termination of this Agreement, <br />Lessee shall leave the lateral ditches, headgates and other personal property used for delivery of <br />the Shares in substantially the same condition as of the date of execution hereof, with ordinary <br />wear and tear excepted. <br />8. No Ownership Interest in Shares. Lessee acknowledges that Lessee has no <br />interest in the Shares, other than as specifically set forth herein, and otherwise claims no right, <br />title, or interest in the Shares. Effective as of the expiration of this Agreement and without any <br />further notice or writing, Lessee hereby quitclaims unto Lessor any and all right to use and any <br />and all right, title and interest in and to the Shares. <br />9. Risk of Operation/No Joint Venture. The relationship created by this Agreement <br />shall be strictly as lessor and lessee and not as partners or joint venturers in any respect <br />whatsoever. Lessor shall bear no portion of any loss, cost, or expense incurred by Lessee in <br />connection with Lessee's operations on the Property under this Agreement. <br />10. Indemnification. Lessee shall exercise its privileges under this Agreement at its <br />own risk, and Lessee shall indemnify and hold Lessor harmless from and against all liability for <br />damages, costs, losses and expenses resulting from, arising out of or in any way connected with <br />the use of the Property and Shares by Lessee, including by way of example and not be way of <br />limitation, any governmental fines or penalties. <br />11, No Guarantee. Lessee acknowledges that Lessor cannot and does not guarantee <br />the actual physical availability or water quality of the Shares. <br />3 <br />