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06/09/2003 09:47 3034524515 ADCO_BAYER_CHEROKEE_ PAGE 03 <br />CERTIFICATION OF COMPENSATION FOIL DAMAGES TO I7NTI'ED POWER, INC.'S <br />FACILITIES WITHIN 200 FEET OF THE PERMIT BOUNDARX OF THE COOLEX - <br />RESERVOIR AND WILDLIFE AREA AMENDMENT NO. 1- JERONIMUS PROPERTY <br />(1VILRB PERMIT NO. M-1999-034) <br />ACCEPTANCE BY UNTTED POWER, INC. <br />The statement on preceding page I bq Patrick Ward, Vice President and General Manager of <br />Aggregate Industries - WCIt, Inc, is accepted this ,I~'F`liay of ' ~ 2003, and United Power, <br />Inc.has no objection to the rninirag plan as proposed, subject to the ollowing: <br />1. Aggregate Industries-WCR, Inc. shall comply with all rules and regulations of United Power, <br />Inc,for the removal of any power poles within the permit's boundary. <br />2. Aggregaze Industries-WCIZ, Inc. agrees to hold United Power, Inc. harmless for and against <br />any and all claims for personal injuries, damages directly or indirectly arising out pf the <br />existence, construction, maintenance, repair, condition, or presence of mining and reclamazion <br />activities within the permit's boundary. <br />United Power, Inc. shall not be responsible for any damages within the permit's boundary that <br />results bom United Power, Inc.'s maintenance activities of any of Utnited Power, Inc:'s <br />facilities on the property, and Aggregate Industries-WCItS Inc. shall compensate United <br />Power, Inc. for any costs incurced resulting from damage to United Power Inc,'s structures <br />resulting from excavation or reclamation activities within the pernut's boundary. <br />4. The conditions and agreements herein and on the proceeding page are covenants rotating with <br />the land and shall be binding upon and inure to the benefit of the heirs, representatives, <br />succ~essQors~and ns of United Power, Inc. and Aggregate Industries-WCR, T,nc. <br />T ,f ~1J~ ~~~~^~-=y~nnlt'ed'tr~a;~~ u'~ l a~ ~ inn ~.e S ~ ~r <br />518nature <br />'fitle(ifapplicable):Cl^~~ ~wva~.~.+.s C~~c~r <br />State of Colorado ) <br />'~, ) ss <br />Co~ams ) <br />~ ,r ~~`~C <br />' ~"• 2as,,,.,~5s~-, was acknowledged before me tfus <br />~ *~:~oregoarf~ac ' ptance by ~4'~t, <br />~ da , 2003. <br />~.~ _ ~~--~ My Commission Expires: ~- ~ S- 2e~ 3 <br />My Address Is: 838 2E ~,1., ~ Si-• <br />A~ ate, Cc) WAS <br />"'~ <br />2 <br />. ~ _ <br />