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to also indicate that the public may access trails and public lands in the area by foot <br />or other means at their own risk. <br />d. A standard motor grader, bulldozer, or other truck -mounted plow as approved by the <br />County Road and Bridge Supervisor shall be used for snow removal. <br />e. Prior to Company commencing winter road maintenance on the Affected Portion of <br />the Roads, the Ouray County Road and Bridge Supervisor shall perform an <br />evaluation of the Roads with a representative from Company to determine the <br />condition of the Affected Roads as close as practical prior to the commencement of <br />activities by Company under this Agreement. Thereafter, Company shall repair any <br />damage to the Roads that may be directly attributable to its winter maintenance <br />operations, such repair to be made to the reasonable satisfaction of the County. <br />Company shall act affirmatively to repair any such damage it finds to have occurred <br />and shaft further repair any damage identified by County as caused, either directly or <br />indirectly, by Company's winter maintenance activities in order to restore the Roads <br />to the condition they were in prior to commencing activities authorized by this <br />Agreement. The parties recognize that certain areas of the Roads have experienced <br />damage as a result of erosion and inadequate drainage in the past and Company is <br />under no obligation to correct such damage or any defects in the design or <br />construction of the County roads. Company shall repair any damage identified by <br />the County as having been caused by the Company's activity in a timely fashion <br />after notice by County of the required repairs. An initial determination of damage to <br />the Roads shall be made by the Road and Bridge Supervisor, who shall give written <br />notice to Company of damage resulting from Company's snow removal operations <br />along with required repairs. In the event that Company disputes any of the damage <br />or disagrees with the required repairs, the Parties agree to consult with a neutral <br />third party with expertise in road construction and maintenance who shall informally <br />arbitrate the dispute and whose decision shall be final and binding on the Parties. <br />Company shall attempt to coordinate its snow removal activity with Ouray Silver <br />Mine, operator of the Revenue — Virginius Mine and with any others who have <br />maintenance agreements with the County regarding the roads covered by this <br />Agreement. <br />2. County Maintenance. As long as Company is actively mining, County will place all of <br />CR361 and CR26 on its summer maintenance schedule, subject to current County policies <br />and standards, and subject to available funding. Winter maintenance is limited to periodic <br />assistance to Company and other property owners for repairs and support beyond the <br />scope of normal snow removal. County agrees to budget available funds for support of <br />summer and limited winter maintenance, subject to annual appropriations. Company <br />acknowledges that budgeting and appropriation of funds notwithstanding, summer and <br />other maintenance on the Roads remains subject to the availability of labor, materials, and <br />the prioritization of work on the Road and Bridge schedule. The County shall have <br />primary responsibility for maintenance and snow removal on CR 361 from its intersection <br />with Highway 550 to the Senator Gulch gate. <br />3. County Assistance. Ouray County Road and Bridge crews and equipment may be made <br />available to assist with snow removal from the Affected Portion of the Roads after a large <br />snow event or after Company has performed avalanche control work in the area. Such <br />assistance by Ouray County Road and Bridge crews will only occur after snow removal <br />operations have been completed in the rest of Ouray County. In no event will Ouray <br />County assist with avalanche control operations. The assistance of Outay County Road <br />and Bridge crews will be at the discretion of the Road and Bridge Supervisor only after an <br />assessment of the safety of such operations on the Roads has been made. The <br />assistance with snow removal as described herein shall be without cost to Company and <br />contribution by County shall not exceed a total of 400 man-hours per year during the term <br />Page 2 of 6 <br />