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CLEAN FILL AGREEMENT This Clean Fill Agreement ("Agreement") is made as of this _day of _, 20_ by and between ("Hauler'), whose address is and Lafarge West Inc. ("Company') located at 1800 North Taft Hill Road. RECITALS WHEREAS, Hauler represents that it is in the business of excavating, loading, hauling, depositing or otherwise providing clean fill that complies with all applicable federal, state and local laws and regulations and is duty qualified and authorized to perform the services provided for herein; and WHEREAS, Company desires to enter into this Agreement to enable Company to utilize Hauler, on an "as needed" basis, to provide clean fill to specific Company facilities pursuant to this Agreement; and WHEREAS, Hauler desires to enter into this Agreement and is willing, on an "as available" basis, to perform those services for Company, pursuant to this Agreement. NOW, THEREFORE, in consideration of these promises and the mutual covenants herein contained, Contractor and Company agree as follows: ARTICLE I DEFINITIONS 1.1 "Clean fill" shall mean, any uncontaminated earthen material including, but not limited to, soil, sand, clay, gravel, which is inert and non-water soluble, and which is not subject to regulation pursuant to any Federal, State or local environmental laws or regulations. ARTICLE II SPECIFIC SERVICES TO BE PROVIDED 2.1 Company will identify the facilities at which clean fill may be deposited by Hauler and any special instructions or conditions applicable to the delivery of clean fill. 2.2 Hauler agrees to deliver clean fill in a manner that complies with all applicable federal, state and local laws and regulations related to the delivery and deposit of clean fill. ARTICLE III CONSIDERATION 3.1 The parties agree that in exchange for the Hauler depositing clean fill as defined in Section 1.1 of this Agreement at Company's site located at ,Colorado, Company will accept and allow deposit of such clean fill at the location specified herein without any charge. ARTICLE IV REPRESENTATIONS AND WARRANTIES 4.1 Hauler represents and warrants that the clean fill to be transported and deposited pursuant to this Agreement shall not have been mixed with any hazardous wastes as defined in 40 C.F.R. Part 261, PCBs as defined in 40 C.F.R. Part 761, or other hazardous substances and shall consist exclusively of clean fill, as defined in Article I of this Agreement. 4.2 Hauler represents and warrants that it is aware of, understands, will conform to and operate in accordance with all applicable federal, state and local laws and regulations pertaining to clean fill transport and deposit, including but not limited to the federal Resource Conservation Recovery Act,