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THIS AGREEMENT entered into by and between Highbury Resources,Inc.(Grantor), whose address is: 10808
<br /> South Riverfront Parkway, Suite 321,South Jordan, Utah 84095 and the UNITED STATES OF AMERICA,by and
<br /> through the Department of Energy, Office of Legacy Management(Grantee)whose address is: 2597 Legacy Way,
<br /> Grand Junction, CO 81503.
<br /> WITNESSETH:
<br /> Grantor,in consideration of the faithful performance by Grantee of all activities and conditions herein contained,
<br /> grants, consents and agrees to grant the continued access and use onto and through the Premises identified above,
<br /> adjacent to and near DOE Lease Tracts C-JD-8, C-SM-18,the active unpatented claims adjacent to C-JD-6 and the
<br /> private surface north and west of Lease Tract C-JD-7.
<br /> 1. GRANTEE ACCESS -The Grantor grants to the Grantee,its agents,employees,contractors or representatives'
<br /> access,including rights of ingress and egress,to the Premises described above,and further shown in Exhibit A
<br /> and B to this Agreement,referenced hereto and incorporated herein,for the purpose of validating and verifying
<br /> mines,to perform routine mine infrastructure,vegetation, stormwater control, and inspections for erosion,
<br /> stormwater control,noxious weeds and stability.
<br /> • 2. TERM/TERMINATION-This Agreement shall be effective on June 15,2022 and shall continue in full force
<br /> and effect for five(5)years,unless earlier modified or terminated by Grantor or Grantee upon ninety(90)days'
<br /> written notice.
<br /> 3. GRANTEE RESPONSIBILITY-Grantee shall be responsible for any loss or destruction of,or damage to,
<br /> Grantor's real and personal property caused by the activities of Grantee in exercising any rights hereby granted
<br /> in this Agreement;PROVIDED,that such responsibility shall be limited to restoration of such real and personal
<br /> property to a condition reasonably compared to its condition on the effective date of this Agreement by
<br /> techniques of backfilling, seeding, sodding, landscaping,repair or replacement, and such other methods as may
<br /> be agreed to between the parties.
<br /> 4. GRANTEE LIABILITY-Grantee agrees to cooperate to the extent allowed by law, in the submittal of all
<br /> claims pursuant to the Federal Tort Claims Act(28 U.S.0 § 2671, et seq.)for alleged loss, injuries,or damages,
<br /> to persons or property arising from the acts of Grantee,duly authorized representatives,or contractors of
<br /> Grantee, acting within the scope of their employment regarding access.
<br /> 5. INSURANCE Grantee shall cause its duly authorized representatives or contractors who enter the Premises
<br /> under this Agreement to carry reasonable liability insurance covering risk of liability caused by any of their
<br /> activities. Upon request, Grantee's duly authorized representatives or contractors will provide Grantor
<br /> certificates evidencing insurance coverage.
<br /> 6 PRIOR NOTIFICATION-Grantor will be notified forty-eight(48)hours prior to entering property under this
<br /> Agreement.Access will be conducted during normal business hours,unless Grantor provided consent for access
<br /> during other hours.
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