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<br />h. Grantor will conduct all of its mining operations in such a manner so as not to
<br />damage any pipelines, wells, pump stations or other facilities used in connection
<br />with the collection, storage, and transmission of water, provided, however, that
<br />' said facilities are located immediately adjacent to or over the slung walls.
<br />3. Grantor shall diligently pursue its Extraction Activities and such activities shall terminate
<br />upon completion of the Extraction Activities necessary to extract all of the minerals from
<br />the Property but in no event later than 20 years from January 21, 2003 unless extended
<br />by mutual agreement of the Grantor and the then current fee owner of the Property.
<br />Notwithstanding the foregoing, Grantor shall retain such reasonable rights of access in,
<br />over, and upon the Property as may be necessary to allow compliance by Grantor with its
<br />obligations under any reclamation plan, and Grantor shall have the right, for a period of
<br />' one (1) year after the completion of the Extraction Activities, to remove any remaining
<br />minerals and to complete its reclamation obligations and, if the fee owner of the Property
<br />so elects, to remove all of Grantor's buildings, engines, machinery, other equipment and
<br />any other improvements, as well as all materials stockpiled on the Property.
<br />4. All costs and expenses of obtaining and maintaining permits, licenses, development and
<br />performance of reclamation plans, all bonds and other security, and all costs and expenses
<br />of compliance with all applicable laws associated with the Extraction Activities shall be
<br />' borne in their entirety by Grantor. All mining permits, licenses, and similar governmental
<br />consents and approvals necessary for the lawful conduct of Extraction Activities shall be
<br />obtained by Grantor at its sole cost and expense.
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<br />d. Grantor will limit its mining activity in the vicinity of, and its truck activity
<br />across, the slurry walls in accordance with the reasonable recommendations of the
<br />Engineer, all truck crossings of a constructed slurry wall will be over crossings
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<br />designed by the Engineer; and the crossings, as required, will be constructed and
<br />maintained by Grantor,
<br />'
<br />Grantor be liable for damage to the
<br />e. will any slurry walls constructed on the
<br />Property, and /or any liabilities arising out of damage to the slurry walls
<br />'
<br />constructed on the Property, to the extent such damage is caused by Grantor's
<br />Extraction Activities;
<br />f. Grantor may use any of the extracted materials (and any other materials) to
<br />'
<br />construct lined embankments on top of the slurry walls for the purpose of
<br />increasing the water storage capacity of the Cells;
<br />g. Grantor will, to the extent practicable, cooperate with the fee owner of the
<br />Property in placing non - saleable materials (not otherwise useable for the
<br />'
<br />construction of lined embankments) around the perimeter of the Property to allow
<br />construction of landscaping and other improvements; and
<br />h. Grantor will conduct all of its mining operations in such a manner so as not to
<br />damage any pipelines, wells, pump stations or other facilities used in connection
<br />with the collection, storage, and transmission of water, provided, however, that
<br />' said facilities are located immediately adjacent to or over the slung walls.
<br />3. Grantor shall diligently pursue its Extraction Activities and such activities shall terminate
<br />upon completion of the Extraction Activities necessary to extract all of the minerals from
<br />the Property but in no event later than 20 years from January 21, 2003 unless extended
<br />by mutual agreement of the Grantor and the then current fee owner of the Property.
<br />Notwithstanding the foregoing, Grantor shall retain such reasonable rights of access in,
<br />over, and upon the Property as may be necessary to allow compliance by Grantor with its
<br />obligations under any reclamation plan, and Grantor shall have the right, for a period of
<br />' one (1) year after the completion of the Extraction Activities, to remove any remaining
<br />minerals and to complete its reclamation obligations and, if the fee owner of the Property
<br />so elects, to remove all of Grantor's buildings, engines, machinery, other equipment and
<br />any other improvements, as well as all materials stockpiled on the Property.
<br />4. All costs and expenses of obtaining and maintaining permits, licenses, development and
<br />performance of reclamation plans, all bonds and other security, and all costs and expenses
<br />of compliance with all applicable laws associated with the Extraction Activities shall be
<br />' borne in their entirety by Grantor. All mining permits, licenses, and similar governmental
<br />consents and approvals necessary for the lawful conduct of Extraction Activities shall be
<br />obtained by Grantor at its sole cost and expense.
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