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be charged Owner for such work shall not exceed Contractor's cost of having <br /> such work performed plus overhead and profit together not to exceed 10%. <br /> 6. Evaporation Replacement on Sand and Gravel Operations: Contractor shall <br /> be responsible for obtaining and maintaining all required permits, substitute water <br /> supply plans and approvals required concerning the replacement to the stream <br /> system for evaporation or other water losses required to be replaced on, or in <br /> connection with, the gravel mining operation on the Property until the Delivery <br /> Date. Owner shall be responsible for making any required replacements. Such <br /> replacement will be carried out from sources provided to Contractor by Owner. <br /> 7. Mining and Reclamation of the Property: Contractor will mine the sand and <br /> gravel and related materials from the Property and complete reclamation in <br /> accordance with the approved plan for mining and reclamation and as required <br /> by all regulatory agencies. Prior to the Delivery Date for each Cell as set forth <br /> herein, Contractor shall have responsibility for maintaining and managing the <br /> Property including the Cell, undertaking all actions in that regard that would <br /> ordinarily be required of a Property owner, and shall do so in the manner <br /> required by Weld County or other applicable State of Colorado or other <br /> government regulations appropriate for sand and gravel mining operations. <br /> Contractor shall be responsible for obtaining final approval by all regulatory <br /> authorities of each Cell and all required reclamation, including acceptance by the <br /> Colorado State Engineers Office ("SEO") of the permeability barrier in <br /> accordance with the State Engineer Guidelines for Lining Criteria for Gravel Pits <br /> (August 1999), or any subsequent revision thereof issued prior to the initiation of <br /> construction of the liner for each Cell, before the Cell is transferred to Owner. <br /> Subsequent to the Delivery Date of each Cell as set forth herein, Owner shall <br /> have responsibility for maintaining and managing the Cell, and Contractor shall <br /> have no further responsibility with respect to such cell except for Warranty and <br /> Post Delivery Reclamation Responsibilities as outlined herein. <br /> 8. Seller Retained Property (house): Pursuant to the provisions in the Purchase <br /> and Sale Agreement associated with this Construction Agreement, the Zadel <br /> Family LLLP ("Zadel") will either continue to own or have the right to re-acquire <br /> ownership of the property described in Exhibit A-1, including the existing <br /> structures ("Seller Retained Property"). At any and all times when this <br /> Construction Agreement is in effect and Thornton is the fee owner of the Seller <br /> Retained Property, Contractor shall have the right to possession and use of the <br /> Seller Retained Property pursuant to the following terms and conditions: <br /> A. Contractor agrees to place improvements upon the Seller Retained <br /> Property only with the prior, written approval of Thornton; <br /> B. Contractor agrees to indemnify and hold harmless, Thornton, its agents, <br /> officers, employees and contractors from and against any default, <br /> violation, or agreement contained in this Construction Agreement and to <br /> be performed by Contractor, or any damage to any person or property <br /> occasioned by Contractor's use and occupancy of the Seller Retained <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 4 <br />