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SAN MIGUEL POWER ASSOCIATION <br /> Damage and Liability Agreement <br /> Highbury Resources and San Miguel Power Association,Inc. <br /> CM-25 Minc-Vcnt Locations(2) <br /> This agreement between Highbury Resources and San Miguel Power Association, Inc. (SMPA), <br /> provides that Highbury Resources agrees to provide compensation for any damage to SMPA assets <br /> caused by the mining operations at noted locations within SMPA service territory. This agreement and <br /> terms within shall run with the mine operation and shall be binding upon and inure to the benefit of <br /> the parties hereto, their heirs, successors and assigns. This agreement is to comply with Rule 6.4.19 <br /> of the Colorado Mined Land Reclamation Board Regulations referencing any adverse consequence of <br /> any significant,valuable, or permanent man-made structure located within 200 feet of the affected <br /> land. (see attached Exhibit) <br /> Highbury Resources <br /> By <br /> Joshua Bleak—Director <br /> The forgoing instrument was acknowledged before me this, +'"day of t, r by <br /> Joshua Bleak as Director of Highbury Resources <br /> Melissa J Satterwhite <br /> Notary Public Notary Public <br /> Manoopa county,Arizona My Commission expires: �aD, <br /> My Comm.Expires o5-07-24 <br /> commission No.580588 <br /> Box 817,Nuda.Cd=W 81424 Box I IK MOW.CdMo81432 <br /> 07O W7311 •97 W7257 FAX 970426"a 97842VAN FAX <br /> ft um m is an eqa uo"Rudder and employer. <br />