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-3- <br /> speed limitation. Other signage shall be utilized, at the discretion of the Company to <br /> designate the Haul Route, designate prohibited roads, and other matters. Further, the <br /> Company may station video cameras and Company personnel on applicable points of <br /> the Haul Route to identify Company trucks that stray from the Haul Route. Any truck <br /> driver who varies from the Haul Route shall be assessed with a Five Hundred Dollar <br /> ($500.00)fine for each time he or she varies from the Haul Route and may be subject to <br /> termination for repeat violations. The Company shall exercise the above self-policing <br /> measures,though County personnel, including the Lincoln County Sheriff's Department, <br /> may report particular vehicles violating the Haul Route, if the report can identify the <br /> specific vehicle or vehicles. <br /> 5. REPAIR AND MAINTENANCE OBLIGATIONS. The Company shall be <br /> responsible for all costs and expenses required to repair damages to the County Roads <br /> designated on the Haul Route incurred during the Project, unless it can be clearly <br /> shown that the damage was not the result of the Project. The determination of road <br /> damage shall be made by the County and shall be immediately addressed by the <br /> Company. Maintenance obligations of the Company shall include, but not be limited to: <br /> a. The Company, acknowledging the nature of the soil or gravel used for <br /> construction and the base of County Roads, and being aware of the tendency for <br /> significant dust to be created when a County Road is under heavy use, shall provide <br /> commercially reasonable dust control on the Haul Route Roads during the time the <br /> Company is using the County Road. The Parties acknowledge that if dust reaches the <br /> point that visibility is reduced to a dangerous point that an emergency situation may <br /> exist. <br /> b. The Company shall install signage to control speed, designate the Haul <br /> Route, and other aspects of safe driving and road maintenance. The Company may <br /> utilize other signage, at its discretion or request of the Road Supervisor, to designate <br /> the Haul Route,designate prohibited roads,and other relevant matters. <br /> c. When the Project is completed, it is agreed that the Company shall <br /> perform or provide for all necessary work and all materials necessary to restore the <br /> Haul Route roads to an equal or better condition based on the condition of the roads at <br /> the time of the pre-inspection. The Company shall not be released from its <br /> Performance Guarantee until the County has approved a post construction inspection <br /> and approved the final condition of the County Roads located upon the Haul Route with <br /> such inspection to occur within five(5) days after the Company notifies the County that <br /> the road restoration is complete. <br /> d. All applicable County Roads on the Haul Route shall be restored and <br /> returned to original or better condition in accordance with the terms of this Agreement <br /> and by the completion date set forth in paragraph 3. The County may,at its discretion, <br /> extend the completion date and County Road restoration requirement upon a showing <br /> ActiveUS 175104252v.1 <br />