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b. That in the event there is damage from the use of County Roads in the <br /> Haul Route for the hauling or moving of goods, equipment, or materials, those parties <br /> responsible for such damage are held accountable. <br /> c. That dust control on the County Roads shall be maintained by the <br /> Company. <br /> d. That an acknowledged speed limit will be enforced on those Roads in the <br /> Haul Route. <br /> e. That regularly scheduled weekly inspections will be conducted by the <br /> Company and the Lincoln County Road Supervisor. <br /> 2. DEFINITIONS OF TERMS USED IN THIS AGREEMENT. The following <br /> definitions shall or may be relevant for this Agreement: <br /> "Appurtenance" means a sidewalk, ditch, or any type of wall, fence guardrail, <br /> curb, pavement marking, traffic control device, illumination device or barrier adjacent to <br /> or in, along or on a County Road, or any construction, obstruction, erection or any <br /> situation, arrangement, or disposition of any earth, rock, tree, or other material or thing <br /> adjacent to or in, along,or on a road that is not the traveled portion of the road. <br /> "Company" means A&S Construction Co., and all of its agents, affiliates, <br /> employees,contractors,subcontractors,vendors and suppliers <br /> "County Road or Road" means a roadway under the direction, control, and <br /> management of the County, including (1) a developed road on which improvements <br /> such as grading or surfacing have been made for the purpose of public access and <br /> included any Appurtenance, and including any bridge forming part of a County road and <br /> any structure incidental to a County or public road, and (2) an undeveloped surveyed <br /> road allowance or road plan, including primary, secondary, and secondary un- <br /> maintained roads as identified on the Lincoln County Road Map. <br /> "Haul Route"means those roads identified in the map submitted by the Company <br /> and agreed to by the County as to those County Roads to be used by the Company to <br /> move or haul goods, equipment, and materials used in the Project. The map, attached <br /> hereto and identified as Exhibit A, may be updated from time to time by mutual <br /> agreement of the parties,and if so updated,shall be attached as a new Exhibit A. <br /> 3. TERM. This Agreement shall commence upon the date that both parties <br /> have signed this Agreement, hereinafter referred to as the "Effective Date". The <br /> Company represents that construction of the Project in Lincoln County shall be <br /> completed no later than eighteen (18) months from the date of this agreement. Either <br /> party may terminate this Agreement upon thirty(30)days written notice being given to <br /> -2- <br /> ActiveUS 175104252v.1 <br />