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2. Also,notwithstanding the foregoing,the parties acknowledge and agree that, if any <br /> of the Leased Premises is on property currently under lease to the Western Eagle County <br /> Metropolitan Recreational District("WECMRD"), no mining or processing activities may take <br /> place absent the written permission of WECMRD. As such,this Agreement, as it may relate to i <br /> any portion of the Leased Premises currently under lease to WECMRD, is conditioned upon <br /> 3 <br /> Oldcastle obtaining requisite WECMRD approvals and will be terminated,as to that portion, <br /> without cost to either party if such approval is not obtained. Oldcastle shall obtain such requisite <br /> permission of WECMRD prior to occupying any such portion. <br /> 3. Hours of operation,environmental management plans, dust control plans,noise <br /> control plans, etc. shall be as agreed to and authorized by Eagle County through the special use <br /> permitting process. Failure to maintain any special use permit necessary for Oldcastle to lawfully <br /> operate on the Leased Premises shall be deemed a violation of this Agreement and cause for <br /> termination pursuant to the default provisions of Article 14. <br /> 4. Oldcastle shall comply with all current and applicable federal, state and local laws <br /> regarding the operation of the mining activity. Failure to comply with such rules and regulations <br /> shall be deemed a violation of this Agreement and cause for termination pursuant to the default <br /> provisions of Article 14 <br /> 5. Oldcastle shall complete any excavation from the Leased Premises no later than i <br /> December 31, 2020,and shall thereafter conduct no further excavation therefrom. <br /> 6. Oldcastle shall complete all reclamation in the manner required by the applicable <br /> mining permit(s) including reseeding the Leased Premises,and shall insure the reclamation is <br /> complete in order to prepare for the DMRS approval process by no later than December 31,2022. <br /> On the expiration or other termination of this Agreement, Oldcastle's right to use of the Leased <br /> Premises shall cease, and Oldcastle shall vacate the Leased Premises without unreasonable delay; <br /> provided,however, Oldcastle shall be allowed to continue to perform reclamation in the manner <br /> required by any applicable permit(s). <br /> i <br /> 7. During the term of this Agreement,as set forth in Article 5 herein, Oldcastle shall <br /> remove that high mound material depicted on the attached Exhibit A provided that Oldcastle,in <br /> its reasonable discretion, determines that it may mine such material in a commercially reasonable <br /> manner. Following execution of this Agreement, Oldcastle will seek any special use permit or <br /> state mining permit amendments that may be necessary to mine this material. Oldcastle will ! <br /> diligently seek the requisite approvals unless it determines,in its reasonable discretion,the <br /> permits obtained do not allow it to mine this material in a commercially reasonable manner. <br /> 8. The Leased Premises shall be reclaimed as agricultural farm land with elevation <br /> and contours and conforming to the requirements of any applicable permit(s) for future use of the <br /> Leased Premises for ball field construction;provided,however,the parties acknowledge and agree <br /> that Oldcastle is not responsible for finish grading the mined area and, instead, Oldcastle shall <br /> only be obligated to rough grade the mined area to allow County to contract with a third party to <br /> construct any ball field(s)it desires. Oldcastle may use that area shown as Borrow Source for <br /> 3 <br /> I <br />