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05/09/1997 09:56 71927586 MCDERMOTT LAW F~ PAGE 05 <br />(the blasting schedule shall remain, and not be extended <br />beyond, 6 AM to 6 PM Monday through Saturday). <br />(1) In addition,:the parties understand that from time <br />to time, ati'd. on an as needed basis, certain <br />emergencies and situations arise which nuceasitate <br />the operation of the Quarry (and us~a of the <br />alternate road) on Sundays. Theralore, and <br />notwithstanding the foregoing limitation of general <br />operation of the puarry and the road to Monday <br />through Saturday, the Smiths and Everette; will not <br />oppose Teaak'a operation of the puarry (aind use of <br />the alternate road) on Sundays, but only on an as <br />needed basis and only when emergencies and <br />situations arise which make Sunday operations <br />necessary as herein contemplated and described. <br />However, (a) blasting will not occur on Sundays in <br />any event, (b) crushing will occur only ae <br />necessary to supply material to meet such described <br />emergencies and situations, and (c) Sunday hours of <br />operation shall be limited to 6 A![ i:o b PM. <br />Examples of emergencies and situations contemplated <br />by this subparagraph include the need t:o supply <br />material to a railroad company because of a Dridge <br />or track washout, or to the Colorado Department of <br />Transportation because of a highway bridge washout. <br />"Emergencies and situations" do not include <br />circumstances which are the result of general <br />demand for material beyond that which can be <br />produced Monday through Saturday and betsreen 5 AM <br />and 9 PM on those days. <br />(2) The Smiths and Sveretts will not op~~oae the <br />extension of hours and days of operation ~?resently <br />permitted up to and including those listed above in <br />this paragraph l.g., on the conditions set forth in <br />subparagraph (1) above with respect t~~ Sunday <br />operations, with the understanding that any <br />application to any governmental agency for expanded <br />days and hours of operation will be limited to and <br />include the terms and conditions of this paragraph <br />l.g., and with the request to the permitting agency <br />that these terms and conditions set forth in the <br />paragraph 1.g. be incorporated into the permit. It <br />is the intent of the parties that in the permit <br />Tezak be allowed the above limited Sunday <br />operations without any requirement or nece~sr~ity of <br />having to obtain any special permission for each <br />Sunflay operation. <br />Page 3 <br />