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1111111111111111111111111111111111111111111 Hill 1111 IN <br /> 3762036 04/13/2011 01:01P Weld County, CO <br /> 9 of 75 R 381.00 0 0.00 Steve Moreno Clerk& Recorder <br /> sales and production information required under this Lease for the <br /> period through May 31, 2009. <br /> 24. Governmental Approvals. Aggregate has obtained all federal, state, and <br /> local approvals and permits necessary for Aggregate to conduct a sand and gravel <br /> mining operation on the Combined Properties. Longmont shall cooperate with <br /> Aggregate in Aggregate's permitting and zoning efforts related to the Combined <br /> Properties, the Tull Property and the Irwin/Thomas Property. Aggregate has furnished <br /> Longmont copies of all regulatory applications and supporting documents, and referral <br /> responses by other agencies,with respect to the Combined Properties. <br /> 25. Storm Water Discharge and Air Pollution Permits. Aggregate shall be <br /> responsible for sampling, monitoring and preparing all reports required to meet the <br /> requirements of the Storm Water Discharge and Air Pollution permits. <br /> 26. Condition Of Title To Properties. Aggregate has accepted the condition of <br /> title to the Bigelow Property and waived its right of objection pursuant to the terms of <br /> the Bigelow Mineral Lease. With respect to the Landfill Property, this Second Amended <br /> Lease is subject to (i) any existing oil and gas leases, and (ii) easements, reservations, <br /> restrictions and rights of way of record or in use. Longmont accepted the condition of <br /> title to the Distel Donation Property at the time such property was conveyed to it by <br /> Aggregate. A commitment, as set forth in Exhibit J, has been obtained by the parties for <br /> a title insurance policy in the amount of One Million Dollars ($1,000,000.00) on <br /> Aggregate's leasehold interest on the Landfill Property, and the title exceptions listed in <br /> said commitment have been accepted by Aggregate. Aggregate shall pay the premium <br /> for any title insurance policy requested by and issued to Aggregate pursuant to such <br /> commitment. <br /> 27. Survev. Longmont has furnished Aggregate with an acceptable survey of <br /> the Bigelow Property. Longmont shall provide Aggregate with a survey of the Landfill <br /> Property if such a survey is required for Aggregate's mining and reclamation of the <br /> Landfill Property. <br /> 28. Mining,, and Reclamation. Aggregate shall perform its activities in <br /> accordance with good and prudent mining practices and in conformity with all laws, <br /> rules, regulations, and approvals made by applicable statute, regulations, order, decree, <br /> permit, or similar authority which from time-to-time may be in force with respect to the <br /> Combined Properties, including without limitation, all environmental laws, workers <br /> compensation laws,and the Mine Safety and Health Act ("M.S.H.A."). <br /> 29. Integrated Mining Plan. The Revised Reclamation Plan for the Combined <br /> Properties, dated August 27, 2004, has been approved by Longmont and Aggregate and <br /> by the other owners of the Combined Properties. A copy of a preliminary set of <br /> construction drawings has been provided by Aggregate to Longmont. <br /> a. Plan Approval. Aggregate warrants and represents it has obtained <br /> the following approvals: <br /> Page 9 of 32 <br /> Aggregate Industries <br /> Final <br />