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111111111111111111111111111111111111111 iii nisi iiu im <br />3591169 11/21/2008 02:18P Weld County, CO <br />9 of 22 ft 111.00 D 0.00 Steve Moreno Clerk & Recorder <br />Any notice or other communication required or permitted under this Agreement shall be <br />sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the following: <br />If to KMG: <br />Kerr-McGee Oil & Gas Onshore LP <br />1099 18th St., Suite 1800 <br />Denver, CO 80202 <br />Attention: Director of Land Denver Basin <br />If to ASCI: <br />Asphalt Specialties Co., Inc. <br />10100 Dallas Street <br />Henderson, Colorado 80640 <br />Attention: Dan Hunt <br />Any Party may, by written notice so delivered to the other Parties, change the address or <br />individual to which delivery shall thereafter be made. <br />20. RECORDING. <br />This Agreement, any amendment hereto shall be recorded by KMG, which shall provide <br />the other Parties with a copy showing the recording information as soon as practicable thereafter. <br />21. SURFACE DAMAGES; WAIVER OF PAYMENTS. <br />a. In consideration of the Parties' respective rights, obligations and benefits, as <br />outlined herein, this Agreement shall constitute the surface use or surface damage agreement <br />provided for under the COGCC's rules and regulations. <br />b. The term "surface damage payments" as used herein shall be given the meaning <br />commonly used in the oil and gas industry. As part of the consideration for this limitation by <br />KMG of what would otherwise be the right to make reasonable use of any part of the Property in <br />the conduct of its operations, and without limiting the applicability of Section 13 above, KMG <br />shall not be obligated to pay, and ASCI hereby waives any right to receive, any surface damage <br />payments with respect to any operations conducted on the Oil and Gas Operations Areas or upon <br />the easement areas so long as such operations are conducted in accordance with the terms and <br />provisions of this Agreement. KMG may provide a copy of this Agreement to the COGCC or to <br />any local jurisdiction, person or entity or any court of law as evidence of this waiver. The waiver <br />of surface damage payments provided herein shall include any claim for excessive surface use <br />insofar as the Oil and Gas Operations Areas are used to produce oil and gas from any portion of <br />the Property or other lands pooled therewith provided that such surface use is not in violation of <br />the terms and provisions of this Agreement. <br />22. ARBITRATION. <br />9 <br />Surface Use Agreement <br />