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SAN MIGUEL POWER ASSOCIATION <br /> Damage and Liabifity Agreement <br /> Higbbury Resources and San Miguel Power Association,Inc- <br /> Mineral Joe Mine Podal/Vent Hole <br /> This agreement between Rghbury 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 /> By =�X'�� <br /> Joshua Bleak—Director <br /> The forgoing instrument was acknowledged before me this,II `day of .i V , 7C6VJ by <br /> Joshua Bleak as Director of Highbury Resources <br /> Mallssa J Setterwhlte T- <br /> Notary Publlc Notary <br /> Public <br /> Madoopa County,Arizona M Commission fires: nti .t 3 1 <br /> My Comm.Expires 05-07-24 Yomm on expires. <br /> L 0 Commlaslon No. !Lj <br /> BaxejZ Mm CwWc sltf24 Bax 1154 Po um%Ca mwaoic <br /> gmew7mI .WW737FAX ThskdoAmIsallmWappmmlypMea+doffOW FMQ66519•MMM FAX <br />