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• <br />C~ <br />owners of interests in the Lands have executed other counterparts <br />or have not entered into the Agreement. <br />All the terms, conditions and covenants of the Agreement shall be <br />binding upon and shall inure to the benefit of the heirs, <br />successors and assigns, respectively, of each of the parties <br />hereto. <br />IN WITNESS WHEREOF, Surface Owner and Cyprus have executed this <br />Memorandum effective the date first above written. <br />SURFACE OWNERS: <br /> <br />Name: Deneena Lvnri Smith <br />CYPRUS: <br />CYPRUS EMPIRE CORPORATION <br />By: l ~ .~ mutt <br />William E. Ivy <br />Vice President and General Manager <br />3 <br />