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IIIIiI III II I I II{I lii III I I II I III I II{III{I{11111111111 IN 1111111 <br /> 3505739 09/20/2007 05:20P Weld County, CO <br /> 9 of 15 R 81.00 D 0.00 Steve Moreno Clerk&Recorder <br /> 17. SUCCESSORS. <br /> The terms, covenants, and conditions hereof shall be binding upon and shall inure to the <br /> benefit of the parties and their respective heirs,devises, executors, administrators, successors and <br /> assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees <br /> under the oil and gas leases which KMG owns. <br /> 18. Tl~I2M. <br /> This Agreement shall become effective when it is fully executed and shall remain in full <br /> force and effect until the earlier to occur of the following: (a) KMG's leasehold estate expires or <br /> is terminated, and KMG has plugged and abandoned all wells and complied with the <br /> requirements of all applicable oil and gas leases pertaining to removal of equipment, <br /> reclamation, cleanup and all other applicable provisions of the leases and existing laws and <br /> regulations or (b) Gravel Company's sand, gravel and aggregate mining lease expires or is <br /> terminated and Gravel Company has complied with the requirements of it mining lease and <br /> Mining Permit pertaining to removal of equipment, reclamation, cleanup and all other applicable <br /> provisions of the lease, Mining Permit and existing laws and regulations. When this Agreement <br /> ceases to be in full force and effect, the Parties shall execute any and all releases necessary to <br /> evidence the fact that this Agreement shall no longer apply to the Property <br /> 19. NOTICES. <br /> Any notice or other communication required or permitted under this Agreement shall be <br /> sufficient if deposited in U.S. Mail, certified mail, return receipt requested, postage prepaid, <br /> addressed to each of the following: <br /> If to KMG: <br /> Kerr-McGee Oil&Gas Onshore LP <br /> 1999 Broadway, Suite 3700 <br /> Denver,Colorado 80202 <br /> Attention: Director of Land Denver Basin <br /> If to Gravel Company: <br /> Platte Sand and Gravel, LLC <br /> The Platte Trust <br /> 1547 Turner Road <br /> Colorado Springs,Colorado 80920 <br /> Attention: Roxanne Vaughn <br /> Page 9 <br /> Surface Use Agreement <br />