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C011 - RECEIVED OCT 20 2017 DIVISION OF RECLAMATION MINING AND SAFETY MEMORULIZATION AND MODIFICATION AGREEMENT M lgmpi This Memorialization and Modification Agreement is entered into by and between High Voltage Holdings, LLC ("Licensor) and Weldon Construction LLC ("Licensee") for the property known as the North River Gravel Pit and comprising of approximately 68 Acres (the "Property"). This Agreement is dated this _ day of —Hpjt- 2017. RECITALS: WHEREAS, Licensor is the owner of the Property; and, WHEREAS, Licensee had previously entered into a verbal contract wherein Licensee was allowed to remove aggregate, rock, and dirt products (hereinafter collectively referred to as "Product") from the Property by the Licensor's predecessor -in -interest; and, WHEREAS, Licensee has removed Product from the property under the verbal agreement between it and the Licensor's predecessor -in -interest; and, WHEREAS, Licensee has previously paid for Product removed from the Property, and, WHEREAS, Licensee now desires to remove far more Product from the Property and establish a set price for the Product to be removed that is not verbal and ensure that Licensor will allow the removal of that Product; and, WHEREAS, Licensor is willing to enter into this agreement as a memorialization of the previous agreement with the Licensor's predecessor -in -interest for the removal of Product from the Property provided Licensee agrees to this formal memorialization and modification so that there are no misunderstandings between the parties and in order to ensure that Licensee agrees to pay Licensor. NOW THEREFORE, in consideration of the covenants and other consideration hereinafter set forth, the sufficiency of which is hereby acknowledged, the Licensor and Licensee intending to be legally bound hereby, agree as follows: 1. Recitals. The above Recitals are essential and critical terms of this agreement and are incorporated herein by this reference. 2. License. The Licensor grants to the Licensee a limited license to enter onto the Property for the purpose of removing aggregate, rock, and dirt products up to 1,000,000 yards ("Products"); and the right to crush, screen, and stockpile such materials on the Property. Licensee shall have the right to hire independent contractors consistent with the provisions of this Agreement, provided such contractors are adequately insured pursuant to the requirements of this agreement. The Licensor shall have no other right to excavate or remove any gravel from the Premises, or to use the Premises for any other purpose, except as specifically set forth herein. In - 1 -