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• <br />2007, except for GW-3, which will be reclaimed and capped before the termination of this <br />Agreement. During the term of this Agreement, CAM may access such wells, causing as <br />minimal disruption of the surface as possible, for the purposes stated in this Section 8. Once <br />capped and reclaimed, CAM's right to access any such well shall terminate, except for a single <br />inspection by the governmental entity then having jurisdiction. <br />9. After December 31, 2007 Grantee shall use its best efforts to travel the Easement <br />solely with automobiles or light trucks. No heavy vehicle use shall be permitted, unless <br />necessary. Such necessity is evidenced by a writing from an independent consulting engineer or <br />the governmental entity then having jurisdiction, to maintain the reclaimed area of the Munger <br />Mine within the Munger Canyon reclamation area and/or the Munger Canyon Refuse Area that <br />maintenance needs to be accomplished, which maintenance in the regulaz course of business <br />would necessitate use of heavy vehicles or equipment. The Grantor and Grantee acknowledge <br />that the reclamation of a pond in the reclamation area may require use of heavy equipment after <br />December 31, 2007, but that use shall be subject to the same deadlines and evidentiary <br />requirements for use of heavy equipment as set forth above. <br />10. Within 120 days after any maintenance or repair of the Easement, the monitoring <br />wells, or the reclaimed area within Munger Canyon that disturbs the surface of the Servient <br />Estate, Grantee shall restore such affected area to its approximate pre-disturbance topography <br />and re-seed all such areas with appropriate native vegetation for ground cover and erosion <br />control. Grantee shall also be responsible for controlling all noxious weeds on any such area <br />until the native vegetation is healthy and well-established. <br />11. This Easement shall remain in effect through the date on which Grantee receives <br />written notice from the Colorado Division of Reclamation, Mining and Safety (DBMS), and any <br />other governmental agency which may then have jurisdiction, that its reclamation and <br />monitoring obligations have been fully and satisfactorily performed and that Grantee is eligible <br />for bond release, which shall in no event be longer than twelve (12) yeazs from the completion of <br />initial reclamation, or December 31, 2019. <br />12. Grantee shall maintain, at its expense, the bridge and roadway on the Easement. <br />13. Grantee's use of the Easement shall not be exclusive and Grantor and Grantor's <br />heirs, successors, assigns, personal representatives, guests and invitees shall have an equal right <br />to the use of the Easement, but such use shall not unreasonably interfere with Grantee's use <br />thereof. <br />14. Subject to its termination as provided in Section 11, above, this Easement is <br />appurtenant; it shall run with the Servient and Dominant Estates and shall be binding upon and <br />inure to the benefit of the Grantor and the Grantee and their respective heirs, personal <br />representatives, successors and assigns. <br />I5. This Easement shall be governed by the laws of the State of Colorado. In the <br />• event of a dispute under this agreement which is litigated, the prevailing party shall be awarded <br />I(~4ag0?8.11 <br />