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any reclamation until it has removed all stockpiled material.All earthen material that is excavated or processed from <br /> the Property is the property of Blattner. Upon the expiration of this Agreement, all stockpiles remaining on the <br /> Property produced by Blattner shall remain the property of Blattner; and Blattner shall continue to have free rights <br /> of ingress and egress to remove these earthen materials from such stockpiles until such stockpiles are depleted, but <br /> in no case longer than the time specified in the Term of this Agreement. Blattner is not responsible for and will not <br /> incur any liability for changing the ground surfaces on the Property due to natural causes or items naturally turned <br /> over or up due to tilling the Property or the excavation and mining activity. <br /> 10. RELEASES AND WAIVERS.The Property Owner will provide Blattner, upon request, lien waivers or other similar <br /> releases. Property Owner is not entitled to receive final payment under this Agreement until all previous and <br /> conditional final lien waivers have been executed and delivered to Blattner. <br /> The Property Owner acknowledges and agrees that upon acceptance of Blattner's final payment due under this <br /> Agreement: (1) the Property Owner releases and forever discharges Blattner from any liability, claims, demands, <br /> damages, costs, expenses, actions and causes of action that may arise regarding this Agreement or the parties' <br /> performance under this Agreement; and (2) the Property Owner releases Blattner and the project owner from any <br /> further responsibility for improvement or maintenance of the Property. <br /> 11. CONFIDENTIALITY.The Property Owner and its successors and assigns will treat all information relating to this <br /> Agreement as confidential, and neither the Property Owner nor any of its successors and assigns will use any such <br /> information for its benefit or release any such information to a third party for the term of this Agreement and for a <br /> period of twenty-four(24) months after expiration of this Agreement without the written consent of Blattner.The <br /> Property Owner will not directly or indirectly publish, release or publicly post any drawings, photo, video or film, <br /> whether analog or digital or disclose any information concerning Blattner's construction work to the news media <br /> or the public. <br /> 12. INDEMNITY. Each party will defend, indemnify and hold the other harmless from and against all claims, <br /> encumbrances, liens,damages, losses,and liabilities, but only to the extent caused by its,or anyone that it controls <br /> or exercises control over, negligent acts, omission, or intentional misconduct. <br /> 13. MISCELLANEOUS. This Agreement will be binding upon the parties as well as their successors in interest. Any <br /> changes to this Agreement must be mutually agreed to in writing and signed by both parties. For purposes of <br /> contract construction,the parties are deemed to have jointly prepared this Agreement. <br /> The parties have executed this Agreement on the day and year first above written. <br /> PROPERTY OWNER BLA ERE <br /> it <br /> 4/� <br /> Signaturd Si ture <br /> ' /�,� bird Donahoe , P66 <br /> Print Name Print Name <br /> Blattner Energy,Inc.—Confidential Document Borrow Agreement—Page 3 of 4 LE-12-CT-0003-RO <br />