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AGREEMENT: <br /> 1. Defined Terms and Conflicts. Any capitalized terms used herein and not <br /> defined stall have the same meaning as in the Miring Ica.e. In the dent of any <br /> conflict between the terns of the Mining Lease and this Agreement, this Agreement <br /> shall control. <br /> .Anarcnec. Plans. Fhc Parties approsed the Plat Area Removal Revisions <br /> one"Plat Area Removal Revisions")and the Pond Lining and Slurry Wail Revisions <br /> dkpictcd on the Plat Area Rcrno.,al Revisions plans(the "'Pond 1,inini and Slurry. _ <br /> Wall Revisions") as described and depicted in the Irwinrrhumas Mine Reclamation <br /> Plan dated June 2022 and prepared by TST, Inc.. <br /> 3. Lcssor Contribution. Lcsor shall contribute to the cost of design and <br /> construction of either: (i)a slurry wall around both Pond A and Pond B.as such ponds <br /> re identified in the Amended Reclamation Plan(the"l pro Pond Plan")or(ii)a slurry <br /> wail around a single pond(the"(hie Pond Plan"). Pursuant to Section 9 of the Mining <br /> Lease. Lessor shall cont:ibute to the cost of design and construction of the One Pond <br /> Plan or the Two Pond Plan: <br /> d. -Substantial Couutletion' of the slurry wall and pond or ponds shall mean <br /> the completion of the Slurry Wall Work. a.' defined in Section 6.a.. below. and <br />