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1. Grantee shall keep the gates closed, or install permanent cattle guards <br />at all times when Grantor has sheep, cattle or other livestock on the lands <br />crossed by the easement and right-of-way. Flhen actual businress or quarrying <br />operations are not in progress Grantee shall keep said gates closed and locked. <br />Grantee shall install culverts or bridges as it deems necessary to cross gulches <br />and washes as necessary for road drainage. <br />2. Grantor shall be allowed to grant the use of said easement and right- <br />of-way to other parties as Grantor may desire. <br />3. Grantee shall pay Grantor the sum of $1.00 per truckload for each <br />truckload of limestone materials hauled from Grantee's quarry and mining <br />claims across the said easement and right-of-way. Payment shall be made <br />monthly and shall be for the preceding month's trucking. At time cf payment <br />Grantee shall furnish Grantor tickets showing the number of truckloads hauled <br />for that month. Should such payments not total $500.00 for any calendar year <br />after 1985, then Grantee shall pay Grantor the difference between $500.00 and <br />the amounts acutally paid. Said difference, if due. shall be paid on or before <br />January 31st of the following calendar year. Every two years from the date of <br />this Agreement Grantor and Grantee shall meet to adjust the haulage charge to <br />reflect the local economic conditions. The parties shall attempt to reach an <br />agreement on the new charge per truckload, whether increased or decreased. If <br />the parties cannot reach a mutual agreement then they shall jointly appoint one <br />arbitrator who shall consider all evider~e and matters sui~itted and the new <br />haulage fee. The decision of the arbitrator shall be binding upon both parties <br />and shall be governed by Rule 109, Colorado Rules of Civil Procedure. <br />4. This easement and right-of-way is considered to run with the land of Grant <br />identified above and neither the easement nor right-of-way nor its use shall be <br />conveyed or granted to others except for the purposes set forth herein or purchase <br />of the mining claim or business of Grantee. <br />5. Should Grantee not make haulage payments as due or fail to perform <br />other parts of this Agreement, Grantor shall give notice to Grantee of the <br />default. If within 30 days of actual receipt of said default notice, Grantee <br />has not cured the default, Grantor may file suit for damages or declare this <br />Agreement in default and terminate the same. If Grantee has attempted to <br />cure the default then the matter shall be submitted to arbitration to an <br />arbitrator agreeable to both parties. The prevailing party shall be granted <br />his fees and costs associated with the arbitration_ <br />6. Grantee may te~~nate this easement and/or Agreement by deed or notice. <br />7. Grantor may require, upon annual written notice, that during hunting <br />season all gates on the said easement and right-of-way be closed after each use. <br />Grantee shall not allow its agents, employees or business invitees to use the <br />easement and right-of-way for hunting or other recreational purposes. <br />8. Should Grantee's mining operations be permanently closed or abandoned <br />then Granter, at its expense, shall reclaim the road to as near a natural state <br />as possible. <br />-z- <br />