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201209708 <br />3. Binding Effect. This Agreement shall be permanent and shall be <br />appurtenant to and run with the Hornady Property and the Pond Properties. <br />This Agreement shall also be binding upon the heirs, executors, administrators, <br />successors and assigns of the Pond Owners and Hornady. <br />4. Maintenance. Hornady shall maintain and keep in good repair the <br />Pipeline Area. <br />5. Liability. The sole rights granted herein are the rights to use the <br />Pipeline Area, Discharge Point, and Pond Properties (together, "Affected Areas ") <br />for the purposes described herein, and each party shall be liable to the other <br />party for any damage caused by the use of the Affected Areas by them or their <br />employees, invitees, agents, successors or assigns, contrary to the terms of this <br />Agreement. <br />6. Termination. This Agreement shall not be released, terminated, <br />revoked, amended, or modified in any manner, without written consent of the <br />Parties, except as provided herein. Any purported release, termination, <br />revocation, amendment, or modification without such written consent shall be <br />null and void and of no force and effect. <br />7. Other Agreements. This Agreement constitutes the entire <br />agreement between the owners of the Hornady Property and the Pond Properties <br />with respect to the subject matter hereof. <br />8. Further Assurances. Each undersigned party will, whenever it shall <br />be reasonably requested to do so by the other, promptly execute, acknowledge, <br />and deliver, or cause to be executed, acknowledged, or delivered, any and all <br />such further conveyances, confirmations, instruments, or further assurances <br />and consents as may be necessary or proper, in order to effectuate the covenants <br />and agreements herein provided. Each of the undersigned parties shall <br />cooperate in good faith with the other and shall do any and all other acts and <br />execute, acknowledge and deliver any and all documents so requested in order to <br />satisfy the conditions set forth herein and carry out the intent and purposes of <br />this Agreement. Any of the parties hereto may record this Agreement with the <br />Hall County Register of Deeds. <br />9. Counterparts. This Agreement may be executed in counterparts, <br />each of which shall constitute an original and which in the aggregate shall <br />constitute one complete document. <br />(SIGNATURE AND NOTARY PAGE FOLLOWS) <br />3 of 9 <br />