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IIIIII 11111 IIIII1111 Illllll 111111111118!11111 IIII I111 <br /> 3505739 09/20/2007 05:20P Weld County, CO <br /> 5 of 15 R 81.00 0 0.00 Steve Moreno Clerk&Recorder <br /> Neither KMG,nor Gravel Company shall unreasonably interfere with the use by the other party of <br /> access roads. <br /> Gravel Company agrees that it will not mine or extract any portion of the access roads set forth <br /> on Exhibit A or as mutually agreed to by the Parties without the written consent of KMG. <br /> Gravel Company agrees to post and enforce a ten (10) mile per hour speed limit along the <br /> stretch of access road that is jointly used by KMG and Gravel Company and shall install speed <br /> bumps along those stretches of road. <br /> 5. BATTERIES AND EQUIPMENT. <br /> KMG shall have the right to locale, 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 Well or the Future Well at the locations depicted <br /> on Exhibit A. <br /> With respect to KMG's Production Facilities other than flowlines or pipelines: <br /> a KMG shall install and maintain, at its sole cost and expense, all fences <br /> around the Existing Well and any Future Wells in compliance with the Rules and <br /> Regulations of the COGCC; <br /> b. KMG shall install and maintain, at its sole cost and expense, all gates and <br /> locks reasonably necessary for the security of any wells or facilities in the Oil and Gas <br /> Operations Areas. Such gates and locks shall be the standard gates and locks used by <br /> KMG; <br /> C. KMG shall paint any production facilities for any Wells, including <br /> wellhead guards,with paint that is approved by the COGCC;and <br /> d. Gravel Company shall not inhibit KMG's access to the Oil and Gas Operations <br /> Areas or inhibit KMG's operations within the Oil and Gas Operations Areas or in the <br /> vicinity of the Production Equipment by landscaping or other improvements, unless otherwise <br /> agreed upon between Gravel Company and KMG. Gravel Company shall place temporary <br /> concrete banters around all Production Facilities as directed by KMG before any mining <br /> operations commence. In no event shall Gravel Company mine within ninety feet (90') of any <br /> Production Facilities or stockpile mined materials within a radius of fifty feet (50') of any <br /> Production Facilities. <br /> b. NOTICE OF FUTURE OPERATIONS. <br /> KMG shall provide at least seven (7) days prior written notice to Gravel Company of <br /> any operations in connection with the reworking, fracturing, deepening or re-completion <br /> operation on an Existing Well or Future Well; provided, however, that KMG shall provide at <br /> least thirty(30) days prior written notice to Gravel Company of the initial drilling of any Future <br /> Wells. Regardless of the foregoing notice requirements, KMG shall have immediate access to <br /> any of its facilities in the event of an emergency. <br /> Page 5 <br /> Surface Use Agreement <br />