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. Iit!lllttlllfl(�IIN1!{I <br /> 09120,2007 llltll l <br /> With a copy to: 10 0l l <br /> 15 R 81.QQ d County, Co <br /> D Q.00 iltltlll�lt�t�lltllttlSteve Moreno Clerk if Recorder <br /> F. L. Ginsberg <br /> Attorney at Law <br /> P. O. Box 697 <br /> Parker, Colorado 80134 <br /> Any party may by written notice so delivered to the other parties change the <br /> address or individually 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. <br /> Gravel Company hereby waives all surface damage payments pursuant to any COGCC or <br /> local regulation, state statute, common law or prior agreement, for each and every well that is <br /> drilled within the Oil and Gas Operations Areas and for any access road, flowline, or pipelines <br /> constructed on the Property. KMG may provide a copy of this Agreement to the COGCC as <br /> evidence of this waiver. With respect to Future Wells and access roads, flowlines, or pipelines <br /> constructed on the Property, KMG will drill and construct the same taking into account the <br /> approved mining plan of Owner as long as such plan is consistent with the terms of this <br /> Agreement regarding the oil and gas operations of KMG. <br /> 22. MEDIATION. <br /> Any controversy or claim arising out of or relating to this Agreement, or the breach <br /> thereof,shall be first submitted to mediation with the Judicial Arbiter Group in Denver,Colorado, <br /> each party to pay an equal share of the mediation costs. Any party may initiate mediation by <br /> serving the other party with a request to mediate. The mediator shall determine the procedure and <br /> rules that shall govern the mediation. The two parties shall within five(5)working days after the <br /> issuance of such notice select a mediator. If the parties cannot agree, the matter of selecting a <br /> mediator will be submitted to the Weld County, Colorado District Court with each party to pay <br /> one-half of all fees and costs associated therewith. If mediation fails after a period of thirty(30) <br /> calendar days from its inception, or sooner if an emergency issue is before the mediator and <br /> mediation is failing, either party may then bring an action in the Weld County, Colorado District <br /> Court to seek remedies at law or in equity. The court may award attorney's fees to the prevailing <br /> party. Each party declares the Weld County District Court shall the proper venue for any such <br /> action and submits in re persona and in rem to the jurisdiction of that court. <br /> 23. APPLICABLE LAW. <br /> This Agreement shall be governed by and construed in accordance with the laws of the <br /> State of Colorado,without reference to its conflict of laws provisions. <br /> Page 10 <br /> Surface Use Agreement <br />