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r <br /> 2 <br /> Agreement to Buy Material—Page 2 <br /> The Company agrees to provide global and comprehensive liability insurance in an <br /> amount no less than $1,000,000.00 issued by an insurance company acceptable to the <br /> Owner and shall be responsible for all of its operations related to mining of the property. <br /> The Owner will be held harmless for acts of the Company and its employees or <br /> subcontractors related to operations on the property and will be reimbursed in full by the <br /> Company for any expenses including attorney's fees incurred in responding to claims <br /> suits or demand arising there from. <br /> Payment for materials removed from the property will be made to the Owner <br /> when payment is received by the Company from its customer or 30 days after the <br /> material is removed from the Owner's premises which ever shall be first to occur. <br /> The terms hereof shall be binding upon and insure to the benefit of the heirs, <br /> executors, administrators and assigns of the respective parties hereto. This agreement is <br /> governed by the law of the State of Colorado and any dispute arising hereunder shall be <br /> litigated in the District Court of Huerfano County, Colorado and owner shall be entitled <br /> to recover reasonable attorney's fees incurred in such litigation. <br /> SPECIAL CONDITIONS: <br /> 1. Owner shall be paid by the Company when the Company gets paid by its <br /> customer or 30 days after the material is removed from the Owner's premises <br /> whichever shall be first to occur. <br /> 2. The Company shall maintain all roads which it uses on the Owner's premises in <br /> as good or better condition than they currently exist. <br /> 3. The Company or Sub-Contractor besides Southway may place a Hot Plant on-site <br /> as part of this agreement at no additional charge only if the aggregate material is <br /> purchased from the Owner. <br /> 4. The Company shall remove all trash and used oil from the Owner's premises as it <br /> is produced and shall not store any such material on the premises. <br /> 5. The Company shall prior to the end of the term of this agreement clean up around <br /> the new pit to Owner's satisfaction. A reasonable time limit of 90 days after the <br /> completion of the highway project or removal of final material for the project <br /> shall be used for any clean-up. <br /> 6. The Owner will grant Company (Southway Construction Co., Inc.) exclusive <br /> rights to this pit for the term of this agreement. <br /> 7. The Company shall comply with all federal, state and local laws and regulations <br /> including without limitation environmental statutes regulations and requirements <br /> of the United States Environmental Protection Agency. <br />