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easement(s) for one or more at-grade crossings of the Raih-oad's right-of--way located between the South Pazcel and North Pazcel of the Premises subject to the Mining Lease, Tenant will use reasonably diligent efforts to get such license(s) extended for an additional five yeazs. In the event that any rent or other payments aze required to be made to Railroad during the extension period, Landlord will either pay such rent or other payments directly to Raikoad or reimburse Tenant for same, provided Landlord approves the amount of such payment(s) prior to extension of the license(s). 10. Mining and Reclamation try Landlord. AfterJanuary31,2004,oreazlierifTenant so agrees, Landlord may perform earthwork and excavate, mine and process sand and gravel from the Premises which aze the subject of the Mining Lease. Landlord will not unreasonably interfere with Tenant's ongoing reclamation of the Premises. IfLandlord performs such work within an area where reclamation is substantially complete, Landlord will accept all responsibility for completion of any additional reclamation required with respect to that portion of the Premises. If Landlord performs reclamation work, which is otherwise the responsibility of Tenant, Tenant will reimburse Landlord for the cost of such work and materials if the cost of such reclamation has been approved in writing by Tenant prior to commencement of the work. 10.1. Areas Accepted as Substantially Complete. Landlord acknowledges that Tenant's reclamation in the azeas designated as "complete" on Exhibit C attached hereto has been substantially completed as ofthe date ofexecution ofthis Amendment. Tenant agrees that Landlord may, at its cost, undertake activities within such azeas at any time in connection with the lining and development of the reservoir(s) within such azeas. 10.2. Assignment of Permits. Upon Landlord's request, Tenant will take all necessary actions to assign to Landlord , as "operator," that Mined Land Reclamation Boazd Permit currently applicable to the Premises (Permit No. 79-97), any other permits from governmental entities permitting mining on the Premises, and all easements, licenses, and rights associated with mining on the Premises. As conditions to such assignment, Landlord will accept full responsibility for completion ofreclamation of the Premises, will substitute a bond or other security as required to obtain release of any bond or other security provided by Tenant to the Mined Land Reclamation Boazd, and Landlord will cooperate with Tenant to manage said assigtunent in a manner to prevent any unreasonable risk, expense or loss to Tenant. In addition, at the time of assignment, the parties will cooperate in good faith in estimating the cost to complete reclamation ofthe Premises forwhich the Tenant would be responsible but for the assignment, and Tenant will payto Landlord the amount agreed by the parties or, absent such agreement, the cost of reclamation materials, work and guarantees which Tenant is avoiding as a result of the assignment. The term of the Mining Lease will be deemed expired upon the completion of the assignment. 10.3. Landlord's Activities Prior to Assignment of Permits. Until such time as the parties have completed the assignment described in the foregoing paragraph 10.2, the parties will cooperate in good faith to permit and facilitate Landlord's activities on that portion of the Premises not subject to the Concrete Plant and Asphalt Plant Leases. Upon Landlord's request, Tenant will assist as necessary to amend or modify the Reclamation Plan currently approved by the Mined Land Reclamation Board (dated April 30, 1989). Jn addition, should the Division of Minerals and Geology require a Technical Revision or Amendment to the ReclamationPlan, orTenant reasonably S W0731960 DM PV 5