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executing the same or a counterpart hereof, whether or not named <br /> herein as one of the Surface Owners, and whether or not other <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 /> Name: Beryl L. Kleitz <br /> Trustee u/a dated May 7, 1992 <br /> Name: Velma I . Kleitz <br /> Trustee u/a dated May 7, 1992 <br /> CYPRUS: <br /> CYPRUS EMPIRE CORPORATION <br /> By: <br /> William E. Ivy <br /> Vice President and General Manager <br /> 2 <br />