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• <br />• <br />• <br />adjacent lands, to the extent that NCIG now has or may in the future obtain any <br />interests in such adjacent lands. Without limitation, the rights hereby granted <br />include the right to perform all reclamation and monitoring activities which are <br />specified in the Permit or that may otherwise be required by the DMG or other <br />governmental agencies which have or may subsequently obtain jurisdiction over <br />such activities, including the right to bring all equipment, supplies and personnel <br />onto the Surface Property which may be necessary or convenient to perform such <br />reclamation and monitoring activities. <br />2. In conducting operations on and in accessing the Surface Property and adjacent <br />properties, CB shall use existing roads, gates, facilities and improvements <br />whenever practical, and shall have the right to construct and use new facilities and <br />improvements as may be necessary or convenient for its reclamation and <br />monitoring obligations. Upon expiration and/or termination of this Agreement, CB <br />shall remove all of its equipment and materials from the Surface Property and <br />adjacent lands and shall restore the same in accordance with applicable <br />requirements in or consistent with the Permit, as it may be revised from time to time, <br />the Act and its implementing regulations. <br />3. NCIG, its successors and assigns, shall have the right to use, and to grant others <br />the right to use, the Surface Property to the extent of its interests therein, so long <br />as and in any manner such that their activities do not unreasonable interfere with, <br />delay or materially increase the cost of the reclamation and monitoring activities to <br />be performed by CB. <br />4. This Agreement shall remain in effect through the date on which CB receives written <br />notice from the DMG, and any other governmental agency which may then have <br />jurisdiction, that its reclamation and monitoring obligations have been fully and <br />satisfactorily performed and that its bond to secure those obligations has been fully <br />and finally released. <br />IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first <br />above Written. <br />"NCIG" <br />NCIG Financial, Inc. <br />72e—W� - ���� <br />Rushton O. Backer, President <br />-2- <br />"CB„ <br />C.B. Minerals Company, LLC <br />Rushton O. Backer, Managing Director <br />