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upon Delivery of the Cell to Owner pursuant to paragraph number 16 or on <br /> December 31, 2021 whichever occurs first ("Extraction Deadline"). Any minerals <br /> remaining on the Property after the Extraction Deadline shall be the exclusive <br /> property of Owner. This right to extract minerals does not include oil, gas or any <br /> other minerals beyond those normally extracted as part of a sand and gravel <br /> mining operation. <br /> 3. Design and Construction: The design of each Cell to be constructed on the <br /> Property and the associated appurtenances including but not limited to <br /> interconnects shall be subject to Owner's approval prior to commencement of <br /> construction, which approval will not be unreasonably withheld. The Cells <br /> comprising the Reservoir shall be substantially similar in size, volume and <br /> configuration to the design drawings shown in Exhibit A - NCCI Pit #11, attached <br /> hereto and incorporated herein by this reference. Owner will be responsible for <br /> the construction of all ancillary facilities such as inlet structures, outlet works, <br /> access roads, and perimeter fencing. Contractor will be responsible for <br /> construction of the interconnects between cells, perimeter roads, and cell linings. <br /> 4. Permits and Reclamation Plan: Contractor will obtain approval of, and when <br /> necessary amend, the mining and reclamation and any mitigation plans and <br /> other permits necessary to construct the reservoir and mine the sand and gravel <br /> deposit on the Property (the "Permits"). Contractor shall provide Owner with <br /> copies of all existing and future Permits. Contractor shall comply with and <br /> perform all requirements in the Permits prior to Delivery, except any reclamation <br /> requirements which shall continue past Delivery. Owner shall have an <br /> opportunity to comment on the proposed mining, reclamation mitigation plans, <br /> and any amendments. Any comments by the Owner will be made promptly, and <br /> the Contractor shall favorably consider any such comments on the plans and <br /> amendments that are both consistent with the design specifications set forth in <br /> this Construction Agreement and the overall purpose of this Construction <br /> Agreement. The final approved mining, reclamation, and mitigation plans and <br /> any amendments shall be added as a supplement to this Construction <br /> Agreement. Contractor shall timely apply for any necessary Permits and shall <br /> agree to the requirements, restrictions, or conditions on such Permits as are <br /> common in the sand and gravel mining industry for the issuance of such Permits. <br /> Contractor will use good faith efforts in pursuit of a mined land reclamation permit <br /> to minimize the permit requirement for freeboard. <br /> 5. Changes in Design and Additional Work by Contractor: Contractor shall <br /> reasonably cooperate with Owner to obtain amendments to the Permits or <br /> changes in the mining plan or design of the Reservoir and each Cell to provide <br /> for the design and installation of any additional improvements or facilities desired <br /> by Owner for its use of the Property. Upon mutual agreement of the Parties, <br /> Contractor will negotiate with Owner for the construction of any such <br /> improvements or facilities, at Owner's expense but provided that the amount to <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 3 <br />