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FINAL RECLAMATION DESIGN <br /> AND CONSTRUCTION AGREEMENT <br /> This Final Reclamation Design and Construction Agreement ("Agreement") is made <br /> effective as of this / day of J2c(i,t y� ,2022("Effective Date")by and between <br /> GOLDEN FARM, LLLP, a Colorado limited liability limited partnership ("Lessor") and <br /> 1IOLCIM-WCR. INC., a Colorado corporation (as successor in interest to and f`k'a <br /> Ati(iREG.-TE INDUSTRIES-WCR, INC.,a Colorado corporation)(").esseti")."Parties" <br /> means Lessor and I esstcn and-Party"means one of the Parties. <br /> RECITALS <br /> A. Lessoi and Lessee are parties to that certain Mining Lease daied November 1, 1999.as <br /> amended on March 13.2018, February 18,2022,and November .2022(the`Mining <br /> Lease"). <br /> B. Lessor is the owner of lands and mineral rights,as described in the Mining Lose (the <br /> "Amended Learned Premises") and Lessee intends to conduct mining operation, on <br /> the Amended Leased Premises as provided fen- in the Mining Lease. <br /> C. Lessee holds an approved permit (thc "DR MS Permit") from the Colorado Division <br /> of Reclamation and Mining Safety ("DRy1S") which provides for the construction of <br /> a single. lined pond on the Amended Leased Premises, as part of the current <br /> reclamation plan(the"Reclamation Plan"). <br /> D. The ,Mining Lease provides that the Parties shall agree upon Plat Area Removal <br /> Revisions and Pond Lining and Slurry Wail Revisions to the Reclamation Plan, anti <br /> :hat within ten()0)days of submittal of such revisions to DRMS,(1)the Parties shall <br /> enter into an agreement regarding the final reclamation design and construction (the <br /> "FRDCA"):and(2)the I.essor shall pay Lessee the first hal f oithe Lessor Contribution <br /> towards design and construction of the Slurry Wall. This Agreement is the FRDCA <br /> among the Parties. <br /> L. The Parties hav c approved a revision to the Reclamation Plan and Lessor has submitted <br /> the proposed revisions to DRMS. <br /> F. Conditioned upon approval of thc revisions to the DRMS Permit,Lessee shall construct <br /> a slurry wall and other improvements as provided in the amended Reclamation Plan <br /> (the "Amended Reclamation Plan") in conjunction with its mining operations on the <br /> Amended Leased Premises. <br /> G. The Parties have agreed to the terms and conditions governing the design of the <br /> Amended Reclamation Plan and construction of the Slt.:rry Nall and Ponds A and H. <br /> as further set forth in this Agreement. <br /> NOW, THLREI.OKL. for good and valuable consideration. including !hc <br /> agreements contained herein, which Lessor and Lessee each acknowledge having received <br /> from the other, Lessor and Lessee agree as follows: <br />