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.. <br />discarded property shall be removed from the property, by <br />Seller prior to December 31, 2006, except that any equipment <br />required for dewatering the pit may be removed on or before <br />March 1, 2007. Any personal property remaining on the site <br />may be retained by Buyer or may be removed by Buyer and <br />the reasonable cost of such removal shall be deducted from <br />the final payment described in Section 3.1(f). <br />(i) Any plans, or specifications provided by Buyer or South <br />Adams to the Office of the State Engineer or the Urban <br />Drainage and Flood Control District ("Urban Drainage") in <br />connection with obtaining any required approvals of the <br />reservoir, or its construction, on the Property shall also be <br />provided to Seller and Seller shall be given an opportunity to <br />have such documents reviewed at Seller's cost by a qualified <br />professional engineer experienced in reservoir design and <br />construction. If new mapping of the flood plain area in the <br />vicinity of the Property by Urban Drainage indicates that the <br />minimum natural ground surface level at the Property is <br />greater than 5020 feet (NAND 1988), future payments due to <br />Seller pursuant to Section 3.1(e) and Section 3.1(f) shall be <br />based upon the volume of operational capacity below the high <br />water level with 1.875 feet of freeboard from the new <br />minimum natural ground surface as so determined. <br />3.2 Minimum Mining Schedule. Each year Seller shall remove at least <br />350,000 tons of sand, gravel and other mined material from the Property. The sum of the <br />minimum amount to be removed during each elapsed year between 1998 and 2006 shall <br />be referred to as the "cumulative minimum." If Seller fails to meet the cumulative <br />minimum in any year, payment of the yearly amount as described in Section 3.1(e) above <br />shall not occur until the cumulative minimum has been met. <br />ARTICLE IV <br />TITLE, CLOSING AND ESCROW <br />4.1 Time and Place of Closing. Subject to and in accordance with the <br />provisions of this Agreement, closing shall be held at the offices of Escrow after <br />satisfaction of the conditions provided in Section 5.1, between February 26, 1999, and <br />March 31, 1999 unless otherwise extended to meet the requirements of Article V. <br />6 <br />