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BLATTNER BORROW AGREEMENT <br /> This borrow agreement("Agreement")dated as of[ !`JAQ I g ],("Effective Date"),by and between Blattner <br /> Energy, Inc. ("Blattner"), with an address of 392 County Road 50, Avon, Minnesota 56310, and [4►�, Y, <br /> ("Property Owner"),with an address of[3 74 4r 0• ]. 8imJsoe, <br /> rtfkplsr, GO SOV15' <br /> The Property Owner represents and warrants it is the legal property owner of the real property listed below <br /> ("Property") and its mineral rights. Such ownership may include holding legal title to, having a legal interest in, or <br /> being legally authorized under a power of attorney as a legal guardian or as an administrator of an estate to exercise <br /> administrative powers over, but cannot be limited by prohibiting physical changes to the property: <br /> Property: "'Joc-jr- b <br /> Township: % Range: j C3 County: ;pl C State: <br /> The Property Owner hereby agrees to sell and convey exclusively to Blattner earthen material and agrees to permit <br /> Blattner to remove said material that it may determine is suitable for use on the [ ] project <br /> ("Project")as (choose one or more): <br /> V Sand &Gravel Material ("Gravel") <br /> ❑ Rock/Aggregate Material ("Rock") <br /> ❑ Earthen Material to be used as common or granular borrow("Common Borrow") <br /> 1. TERM. This Agreement begins on the Effective Date and will remain in effect for the following period, or if more <br /> than one option is chosen, until the later to occur: <br /> 56 Until completion of the Project, including any warranty period <br /> ❑ Until <br /> 2. QUANTITY. Blattner may take up to [ ]units of earthen material from to the Property to fulfill its <br /> Project requirements. This amount does not establish a maximum or minimum quantity Blattner commits to take <br /> from the Property. The amount set forth above only requires Blattner to obtain consent from the Property Owner <br /> before excavating an amount of earthen material greater than one hundred and thirty percent(130%)of such amount. <br /> Blattner is not obligated to remove any earthen material or pay the Property Owner, until Blattner excavates and <br /> removes earthen material for the Project. <br /> 3. MEASUREMENT.The Payment Quantity will be measured according to the (choose one or more): <br /> ❑ In-place bank cubic yards for: ❑ Gravel ❑ Rock ❑ Common Borrow <br /> Mr Dry tons for: W Gravel ❑ Rock ❑ Common Borrow <br /> ❑ Other: for: ❑ Gravel ❑ Rock ❑ Common Borrow <br /> as measured by the(choose one or more): <br /> ❑ Project owner's quantity determination for: ❑ Gravel ❑ Rock ❑ Common Borrow <br /> ❑ Surveyed quantity for: ❑ Gravel ❑ Rock ❑ Common Borrow <br /> X Load count quantity for: 'M Gravel ❑ Rock C7 Common Borrow <br /> Belt scale weight for: ❑ Gravel ❑ Rock ❑ Common Borrow <br /> ❑ Truck load weight for: ❑ Gravel ❑ Rock ❑ Common Borrow <br /> Blattner Energy,Inc.—Confidential Document Borrow Agreement—Page 1 of 4 LE-12-CT-0003-RO <br />