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<br />Subject to paragraph 4(b) <br />a. To adequately plug and reclaim all drill site areas <br />with available topsoil; <br />b. To adequately reclaim drill site access road(s) with <br />available topsoil; <br />c. To repair any damages to Surface Owners' improvements. <br />caused by Cyprus' operations; <br />d. To perform all reclamation which may be required by <br />federal and state law; and <br />e. Provide Surface Owners with a Release of Surface Use <br />Agreement in recordable form; and <br />10. Recordation. This Agreement may not be recorded; however, <br />the parties hereto have agreed to execute a Memorandum of <br />Surface Use Agreement for recording purposes. <br />11. Notices. Any and all payments, notices, requests, demands <br />and other communications required or permitted to be given <br />hereunder shall be in writing and shall be deemed to have <br />been duly given (a) when delivered if delivered <br />personally; (b) when sent if given by prepaid telegram; or <br />(c) three (3) days after the mailing thereof by first- <br />class, postage prepaid, mail if mailed, at the respective <br />addresses set forth below (or at such other address as may <br />be designated in a written notice and given in accordance <br />with this paragraph) <br />If to Surface Owner: ~'f to Cyprus: <br />E.R. Salter Cyprus Empire Corporation <br />Salter 1303 County road 107, <br />14808 Winston Lane P. 0. Box 68 <br />Fountain Hill, Arizona 85268 Craig, Colorado 81626 <br />James Jeffrey Mitchell <br />Kathleen C. Mitchell <br />109 E. Victory Way <br />Craig, Colorado 81625 <br />Attn: J. E. Shoemaker <br />With a copy to: <br />Cyprus Amax Coal Company <br />9100 East Mineral Circle <br />P. 0. Box 3299 <br />3 <br />