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7 <br /> <br /> B. Koehler <br /> <br />1. On the same day of the execution of this Agreement, Koehler, either directly <br />or through a represetative, shall provide the Weld County Board of County <br />Commissioners a letter withdrawing all objections to BAI’s efforts to <br />amend the USR Permit Application. The withdrawal letter shall be <br />substantively similar to the draft letter contained in Exhibit E to this <br />Agreement. <br /> <br />2. Koehler shall fully consent to and support BAI’s efforts to gain <br />governmental approval to expand mining operations into the Amendment <br />Area, and shall not, to a Governmental Authority or otherwise, protest, <br />condition, delay, prevent, or oppose in any way such efforts by BAI, or <br />encourage or facilitate others to do so. In complying with the spirit of this <br />term, Koehler agrees to direct its representative to refrain from objecting to <br />the USR Amendment Application and the DRMS regarding the Derr Pit <br />Mining Permit. Any such statements made by representatives on behalf of <br />Koehler shall constitute a breach of this Agreement. As used in this <br />Agreement, “Government Authority” includes the Weld County Board of <br />County Commissioners, and any other federal, state, or local entity with <br />authority to authorize, regulate, police, or oversee BAI’s mining operations. <br /> <br />3. For the Term of this Agreement, Koehler shall coordinate and permit BAI <br />representatives access to the Koehler Wells during reasonable business <br />hours to perform the monitoring required under 3(A)(4)(b)(ii) hereof. <br /> <br />4. For the Term of this Agreement, except in an emergency that presents an <br />imminent threat to life or property, Koehler and its representatives, shall <br />first contact Loloff or BAI with any issues or concerns regarding operations <br />at the Loloff or Derr Pits, including the Amendment Area, before contacting <br />any Government Authority. The purpose of this initial contact is to allow <br />Loloff or BAI to address the issues or concerns before involving others. <br />BAI shall have no more than 10 days to respond to Koehler and offer a <br />proposed plan to mitigate the alleged issue and concern of Koehler, though <br />BAI agrees to respond as soon as commercially reasonable to do so. If BAI <br />and Koehler disagree on the cause of the alleged issue and concern, which <br />disagreement shall be communicated to Koehler within 10 days of receiving <br />notice from Koehler, then Koehler can proceed to contact the appropriate <br />Government Authority. Loloff and BAI designate the following individual <br />as the contact person for purposes of this provision: <br /> <br /> Kelly A. Hodge <br /> kahodge1@comcast.net <br /> 970-566-5090 <br />