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<br />upon the demised property. BLASTING hereby agrees to construct, <br />repair and install any necessary cattle guards, gates or fences which <br />may be required to permit the continued livestock operations in <br />conjunction with BLASTING's operations. <br />5. INGRESS and EGRESS. BLASTING shall have the right of ingress <br />and egress to and from the subject property and have the right to <br />erect any temporary structure and employ any reasonable method for the <br />removal of said materials. <br />6. SURVEY AND PERMITS. BLASTING hereby agrees to provide a <br />survey and legal description sufficient to satisfy the State of <br />Colorado Mined Land Reclamation Division and OWNERS. BLASTING shall <br />further file for necessary applications and permits for mining of <br />materials with the appropriate regulatory agencies and authorities, <br />and diligently pursue the same to conclusion for obtaining permits, <br />mining and production of said material. <br />7. PROVISIONS OF MATERIAL. BLASTING agrees to provide at no <br />cost to OWNER, eight truck loads of pit run material per year for <br />their personal use. BLASTING agrees to load OWNER'S trucks without <br />cost to OWNER during reasonable business hours. <br />8. TOPSOIL. BLASTING hereby agrees to prepare appropriate <br />stockpiling of topsoil materials and to replace said topsoil at the <br />termination of this Agreement or as otherwise required by the <br />provisions of the Mined Land Reclamation Act. BLASTING's reclamation <br />work shall include, but will not be limited to replacement of topsoil <br />and appropriate seeding of affected areas. BLASTING further agrees to <br />be responsible for control of weeds on all disturbed areas pertaining <br />to the gravel mining operation. <br />OWNER hereby further transfers to BLASTING the right to remove <br />and sell topsoil from the demised premises upon payment of a royalty <br />in the amount of $1.00 per cubic yard so removed. Provided, however, <br />BLASTING shall insure that the topsoil removal operations shall not so <br />reduce the topsoil stockpiles so that proper and appropriate <br />reclamation and replacement of topsoil cannot be accomplished. <br />BLASTING shall provide for appropriate weighing and documentation of <br />topsoil removal in accordance with Paragraph 1. of this Agreement, and <br />the topsoil royalty shall be adjusted annually in accordance with <br />Paragraph 2. of this Agreement. <br />9. INSURANCE and INDEMNITY. In addition to any and all <br />necessary Workmans Compensation, insurance of other required insurance <br />policies, BLASTING shall, at its own expense, at all times during the <br />term of this Agreement maintain in force a policy or policies in <br />insurance, written by one or more responsible insurance carriers, <br />Page 3 <br />