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The term of the Agreement shall be for a period of ten ) years a all commence the effective date <br />of the Agreement and end at 12;00 midnight on the d s day of 2011, unless terminated <br />earlier or further extended as provided for in the Agreement. <br />A copy of the Agreement may be found at the hereinabove mentioned office of BRL. <br />This Memorandum of Surface Access Agreement and the unrecorded controlling Agreement shatI be <br />binding upon each party who executed it, regardless of whether It be executed by all parties named herein. <br />This original instrument and duplicate copies hereof may be executed by one or more parties, in which <br />event each Instrument shall have the force and effect of an original. <br />IN WITNESS WHEREOF, Tamara and BRL have executed this Memorandum of Surface Access <br />Agreement effective the date first above written, and the provisions hereof shall be binding upon the <br />undersigned and upon the heirs, conservators, personal representatives, successors and assigns, <br />respectively, of each of them. <br />SURFACE LANDS O NE <br />7/11AM <br />Cy <br />Tamara Burdzinski <br />Owner <br />B I RESOUR <br />Dewey Tai er <br />Vice President — General Manager <br />2of2 <br />