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1111111111111111111111111111111111111111111111111111111 <br />3591169 11121/2008 02:18P Weld County, CO <br />4 of 22 R 111,00 0 0.00 Steve Moreno Clerk & Recorder <br />When crossing KMG's Pipelines with heavy equipment, like earth moving equipment, <br />ASCI will maintain a minimum of four foot and a maximum of six feet of dirt coverage, in <br />addition to the existing cover over the pipeline. When crossing KMG's pipelines with trucks and <br />lighter equipment, ASCI will maintain a minimum of two foot and a maximum of six feet of dirt <br />coverage, to the existing cover over the pipeline. <br />The depth of cover over KMG's Pipelines shall not be reduced or drainage over KMG's <br />pipeline altered without KMG's written approval. <br />Any utility crossing must be a minimum of 18" inches vertical separation from KMG <br />Pipelines. Parallel utilities must maintain a minimum of ten -foot separation, unless KMG grants <br />a lesser distance of separation which grant shall not be unreasonably withheld. It would not be <br />unreasonable to withhold such consent due to reasonable safety or operational concerns. ASCI <br />will request that all utility companies contact KMG prior to laying lines parallel to KMG <br />pipelines. <br />Construction of any permanent structure within KMG's Petroleum Pipeline Easement is <br />not permitted. Planting of trees and shrubs is not permitted on KMG's Petroleum Pipeline <br />Easement. <br />4. ACCESS. <br />ASCI shall provide KMG with continuous access to all of the Oil and Gas Operations <br />Areas and the Petroleum Pipeline Easements. The access roads to be used by KMG will either <br />be those roads that currently are in place or those that are anticipated to be constructed by ASCI <br />at its sole cost and expense as part of ASCI development of the Property. KMG agrees to access <br />the Property according to the routes depicted and described on the attached Exhibit B. Access to <br />the Oil and Gas Operations Areas may be changed by mutual agreement of ASCI and KMG. <br />ASCI shall maintain and keep any access jointly used by ASCI and KMG in a condition <br />and state of repair that serves the needs of ASCI. In the event such joint access roads needs to be <br />improved in order to serve the needs of KMG, the Parties agree to coordinate any such <br />improvements as may be required by KMG in order to conduct its operations, provided that any <br />such improvements shall be at KMG's sole cost and expense. Neither KMG nor ASCI shall <br />unreasonably interfere with the use by the other party of access roads. <br />ASCI agrees that it will not mine or extract any portion of the access roads set forth on <br />Exhibit/oras utpally agreed to by the parties without the written consent of KMG. <br />5. BATTERIES AND EQUIPMENT. <br />KMG shall have the right to locate, build, repair and maintain tanks, separators, <br />dehydrators, compressors and other equipment ("Production Facilities") reasonably appropriate <br />for the operation and production of the Existing Wells or the Future Wells at the locations <br />depicted on Exhibit B. <br />With respect to KMG's Production Facilities other than flowlines or pipelines: <br />4 <br />Surface Use Agreement <br />