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12. The fee owner of the Property shall, at its sole cost and expense, be responsible for <br />developing and adjudicating any plan or plans for augmentation, to the extent required by <br />Colorado law with respect to Grantor's Extraction Activities on the Property other than <br />those plan(s) necessary for the replacement of evaporative losses of the moisture content <br />of the material being mined from the Property. The fee owner of the Property shall also <br />' be responsible for obtaining any water rights as may be necessary for such augmentation <br />plan(s) at its sole cost and expense. The obligation of the fee owner of the Property to <br />comply with such plan(s) of augmentation and maintain same shall continue and survive <br />tthe termination or expiration of Grantor's reserved mineral extraction rights. <br />13. Subject to the Engineer's slope stability reports, it is anticipated that the Grantor will be <br />' permitted to mine within a lined Cell as follows: <br />13.1 Generally, the top of the wall area will be at least 30 feet in width. <br />13.2 The mining activity will generally allow mining from the top of the slurry wall <br />platform down into the pit at a 1.5 to 1 slope. <br />13.3 Prior to delivering any mined cell for water storage, the walls of the lined cell <br />must be generally set at 3 :1 slope, using fines and other materials. <br />' 13.4 The final mining parameters shall be as set forth in the Engineer's designs and <br />reports and in the Grantor's reclamation permit. <br />' thin contained herein shall constitute or be resumed to constitute or create a right in <br />14. Nothing P <br />Grantor to object to the drilling of any tributary ground water well on the Property by, or <br />with the authorization of, the fee owner of the Property provided that such well drilling <br />does not unreasonably interfere with Grantor's Excavation Activities hereunder. <br />' 15. Nothing contained herein shall constitute or be presumed to constitute or create a <br />partnership, joint venture, or similar arrangement between Grantor and the fee owner of <br />' the Property or a designation of either party as agent for the other. <br />16. To the extent necessary to carry out the various terms, conditions, and obligations of <br />' Grantor and/or the fee owner of the Property herein, such terns, conditions, and <br />obligations shall survive the completion of the Extraction Activities. <br />17. No modification or amendment of these terms and conditions shall be valid or binding <br />unless such modification or amendment is in writing and signed by Grantor. These terms <br />and conditions shall be construed according to their fair meaning to enable Grantor to <br />' exercise its reservation of minerals and mineral rights, and its reservation of the right to <br />extract those minerals. <br />r <br />