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However,Blattner is not responsible for any seeding in any disturbed areas.Blattner is not obligated to complete <br /> any reclamation until it has removed all stockpiled material.All earthen material that is excavated or processed from <br /> the Property is the property of Blattner. Upon the expiration of this Agreement,all stockpiles remaining on the <br /> Property produced by Blattner shall remain the property of Blattner;and Blattner shall continue to have free rights <br /> of ingress and egress to remove these earthen materials from such stockpiles until such stockpiles are depleted,but <br /> in no case longer than the time specified in the Term of this Agreement.Blattner is not responsible for and will not <br /> incur any liability for changing the ground surfaces on the Property due to natural causes or items naturally turned <br /> over or up due to tilling the Property or the excavation and mining activity. <br /> 10.RELEASES AND WAIVERS.The Property Owner will provide Blattner,upon request,lien waivers or other similar <br /> releases. Property Owner is not entitled to receive final payment under this Agreement until all previous and <br /> conditional final lien waivers have been executed and delivered to Blattner. <br /> The Property Owner acknowledges and agrees that upon acceptance of Blattner's final payment due under this <br /> Agreement:(1)the Property Owner releases and forever discharges Blattner from any liability,claims,demands, <br /> damages,costs,expenses, actions and causes of action that may arise regarding this Agreement or the parties' <br /> performance under this Agreement;and(2)the Property Owner releases Blattner and the project owner from any <br /> further responsibility for improvement or maintenance of the Property. <br /> 11.CONFIDENTIALITY.The Property Owner and its successors and assigns will treat all information relating to this <br /> Agreement as confidential,and neither the Property Owner nor any of its successors and assigns will use any such <br /> information for Its benefit or release any such information to a third party for the term of this Agreement and for a <br /> period of twenty-four(24)months after expiration of this Agreement without the written consent of Blattner.The <br /> Property Owner will not directly or indirectly publish, release or publicly post any drawings,photo,video or film, <br /> whether analog or digital or disclose any information concerning Blattner's construction work to the news media <br /> or the public. <br /> 12.INDEMNITY. Each party will defend, indemnify and hold the other harmless from and against all claims, <br /> encumbrances,liens,damages,losses,and liabilities,but only to the extent caused by its,or anyone that it controls <br /> or exercises control over,negligent acts,omission,or intentional misconduct. <br /> 13.MISCELLANEOUS.This Agreement will be binding upon the parties as well as their successors in interest.Any <br /> changes to this Agreement must be mutually agreed to in writing and signed by both parties. For purposes of <br /> contract construction,the parties are deemed to have jointly prepared this Agreement. <br /> The parties have executed this Agreement on the day and year first above written. <br /> PROPERTY OWNER BLATTNER ENERGY,INC. <br /> S" nature Signature <br /> L �/Q so- �r�c7`-� Cole S1�ccher Fie C�r�S�r��tor C d�.,u�a✓ <br /> P " Nam Print Name <br /> Si nature <br /> obed C' Bledsoe Iras le e- <br /> Print Name <br /> Borrow A reement—Page 3 of 4 LE-12-CT-0003-RO <br /> Blattner Energy,Inc.—Confidential Document 6 <br />