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<br />life of the mine. Each sampler will be secured with a steel <br />locking cap. Lysimeters are to be installed within sixty days from <br />the date of execution of this document. Battle Mountain <br />Resources, Inc. will operate the lysimeters throughout the life of <br />mining on the project. Prior to the release of Battle Mountain <br />Resources, Inc.'s financial obligation to the Mined Land <br />Reclamation Division, Dos Hermanos may request the Mined Land <br />Reclamation Division to maintain the existing lysimeters and <br />conduct tests through them and Battle Mountain Resources, Inc. <br />shall not resist the request. <br />For the life of mining on the project, Battle Mountain <br />Resources, Inc. will operate the lysimeter pursuant to the <br />manufacturer's specifications one time every six months and check <br />for fluid recovery in the sampler. If sufficient volume of fluid <br />is obtained for testing, the sample will be tested for total <br />cyanide as well as fluoride, cadmium, mercury, chromium, barium, <br />silver, iron, copper, manganese, selenium, lead, zinc, arsenic and <br />molybdenum. Any sample results will be reported to Dos Hermanos <br />and the Mined Land Reclamation Board. <br />12. Nothing herein shall be construed as a limitation for any <br />legal remedy for damages and/or other relief available to Dos <br />Hermanos in a separate proceeding. <br />13. If (1) total cyanide is detected in the Dos Hermanos <br />domestic well at a level greater than 0.2 milligrams per liter or <br />(2) if heavy metal(s) are detected at concentrations either 50$ <br />greater than currently existing concentrations or if no such heavy <br />~ i metal(s) are detected in such test, but a test result more than six <br />months after operation of the tailings impoundment facilities <br />commences is found to be 50$ or more over current Colorado drinking <br />water standards, then Battle Mountain Resources, Inc. will furnish <br />a supply of domestic water to Dos Hermanos sufficient to supply the <br />in-house requirements of up to ten persons; provided, however, that <br />any request for such domestic supply pursuant hereto must accrue <br />and be made before Battle Mountain Resources, Inc. completes <br />reclamation of its project pursuant to Mined Land Reclamation <br />Division approval. A quality test shall be conducted at <br />Applicant's expense on the Dos Hermanos domestic wel'~ within sixty <br />days from this date for purposes of establishing currently existing <br />concentrations. <br />14. Battle Mountain Gold Company will guaranty any legal <br />liability incurred by Battle Mountain Resources, Inc. due to <br />contamination by Battle Mountain Resources, Inc.'s mining <br />activities to the surface or sub-surface waters of Dos Hermanos on <br />the Dos Hermanos property. <br />15. The Court shall retain jurisdiction foy a period of <br />twelve years from the date hereof or until Battle Mountain <br />Resources, Inc.'s financial obligation to thq Min;~d .Land <br />6 <br />