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AGREEMENT <br /> NOW THEREFORE, in consideration for the mutual covenants and agreements set <br /> forth herein, and for other good and valuable consideration, the receipt and sufficiency of which <br /> is acknowledged, the parties agree as follows: <br /> 1. Grant of Easement. Grantor hereby forever and irrevocably grants and conveys <br /> to Grantee, its employees. contractors, subcontractors, agents, successors and assigns, and <br /> warrants title to the same against all persons claiming by, through, or under Grantor, a non- <br /> exclusive easement on, over and across the Easement Area Property (the 'Easement"), which <br /> Easement shall be for the purpose of: (i) ingress, egress and entry upon the Easement Area <br /> Property (including through use of the existing haul road), including the construction of certain <br /> ZL <br /> haul roads, drainage ditches, culverts and gates, if any, all so that such haul roads can be <br /> maintained as a viable means of pedestrian and vehicular ingress and egress to and from the <br /> Easement Area Property, and other related improvements as required in connection with <br /> Grantee's conducting the grading work and Fill Dirt removal from the Fill Dirt Borrow Area <br /> portion of the Easement Area Property, all at Grantee's sole cost and expense, (ii) removal of no <br /> more than 2.2 million cubic yards (2.2M yds3) of Fill Dirt from the Fill Dirt Borrow Area <br /> portion of the Easement Area Property (the "Maximum Fill Dirt Removal Amount") pursuant to <br /> the grading plan for the Easement Area Property set forth and described in Exhibit D attached <br /> hereto (the "Grading Plan"), (iii) parking, storage and operation of excavation and earth moving <br /> equipment, construction vehicles, construction equipment, construction trailers, and other heavy <br /> equipment and materials upon the Fill Dirt Borrow Area portion of the Easement Area Property <br /> as necessary to accommodate Grantee's grading and Fill Dirt removal and other construction <br /> activities upon the Fill Dirt Borrow Area portion of the Easement Area Property, (iv) stockpiling <br /> of the Fill Dirt and other rocks or other materials on the Fill Dirt Borrow Area portion of the <br /> Easement Area Property in connection with the grading and Fill Dirt removal work pursuant to <br /> the Grading Plan, and (v) conducting such other work and activities thereon associated with such <br /> grading and Fill Dirt removal operations, all such rights to commence as of the Effective Date of <br /> this Easement. Grantor and Grantee mutually acknowledge that the Grading Plan requires <br /> approval from governmental agencies having jurisdiction over the Easement Area Property. <br /> Therefore, Grantor and Grantee shall cooperate in good faith with one another to amend the <br /> Grading Plan to the extent needed in order to secure any required governmental approvals. <br /> In connection with Grantee's Fill Dirt removal efforts and subject to the provisions <br /> below, Grantor and Grantee each agree that Grantee shall not enter upon or commence any of the <br /> grading work upon or removal of Fill Dirt from the Fill Dirt Borrow Area portion of the <br /> Easement Area Property until such time as Grantor has obtained, at its sole cost and expense and <br /> as soon as reasonably possible, a grading permit (or other equivalent permit) for the grading <br /> contemplated by the Grading Plan as required by applicable governmental authorities and as <br /> necessary for Grantee's entry upon and grading of the Fill Dirt Borrow Area portion of the <br /> Easement Area Property and removal of the Fill Dirt therefrom in accordance with the Grading <br /> %%CS-760837/00000I-385320 v10 <br /> 3 <br />