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RIGHT-OF-WAY AND EASEMENT ENCROACHMENT AGREEMENT <br /> This flight-of-Way and Easement Encroachment Agreement("Agreement")made and entered into on . <br /> y-- ,2022,by and between Wellington Cattle("Wellington")and Colorado Natural Gas,Inc.("CNG"). <br /> Wellington and CNG are individually referred to herein as a"Party"or collectively as the"Parties." <br /> a. CNG has rights to that certain portion(the"Easement Area") of the property(the "Property")owned by <br /> Bruce Newell as successor in interest to Betty Newell(the"Owner"),pursuant to that certain Right-of-Way <br /> and Easement recorded on October 16, 1997 in Teller County("Easement"),attached hereto as Exhibit A; <br /> b. Wellington desires to operate a gravel mine on the Property ("Operations") and will need to cross the <br /> Easement Area to access such area of the Property,a depiction of which is set forth in the attached Exhibit <br /> B• <br /> c. As permitted by the Easement,CNG has installed and currently operates,inspects,repairs,and maintains a <br /> natural gas distribution pipeline and related facilities("Pipeline")in the Easement Area that run underneath <br /> the surface; <br /> d. Wellington has appropriate authority from the current owner of the Property to access the Easement Area for <br /> the sole purpose of ingress and egress to its Operations, and agrees to work with CNG to protect CNG's <br /> assets within the Easement Area;and <br /> e. The Parties desire to set out their agreed conditions relating to the Easement and Operations in the Easement <br /> Area. <br /> In consideration of the premises and the mutual covenants herein contained,the Parties covenant and agree <br /> as follows: <br /> 1. Grant of Encroachment. So long as Wellington has proper authorization from owner of the Property, and <br /> subject to the terms herein,CNG agrees to allow Wellington to encroach on the Easement Area for the sole <br /> purpose of ingress and egress for access to Wellington's Operations. Wellington further agrees that it: <br /> a. will comply with all CNG obligations as "Grantee" set forth in the Easement, unless otherwise <br /> agreed in writing by Wellington and Owner with written notice to CNG; <br /> b. will only use a Mack Midliner 600 tandem dump truck for ingress and egress on the Easement Area; <br /> c. is not permitted to use any other vehicles within the Easement Area as additional weight could cause <br /> potential damage to the Pipeline;and <br /> d. must temporarily cease use of the Easement Area or its Operations upon CNG's request;and <br /> must notify CNG not less than 72 hours before entering the Easement Area, except in case of <br /> emergency in which Wellington must provide CNG with notice as soon as reasonable possible. <br /> 2. Performance of Work <br /> a. CNG understands and acknowledges that Wellington will be conducting the Operations not less <br /> than 200 feet outside of the Easement Area and Wellington acknowledges and agrees that it is <br /> responsible for all activity related to the Operations. <br /> 3. Responsibility for Damages. In consideration for CNG's agreement herein, Wellington agrees to defend, <br /> indemnify,and hold harmless CNG,its parent,affiliates,shareholders,employees,contractors,agents,and <br /> invitees from and against all claims,demands, suits, damages, losses,fines, penalties,and costs, including <br />