2005-03-09_REVISION - M1978056 (2)

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a. The berms) shall be constructed to a maximum elevation on the west side of the Property of 4622.48 feet above sea level, and a maximum elevation of 4620.70 feet on the east side of the Property. Such elevation provides One (l) foot of free board; b. The bean(s) shall be adequately compacted to 95% standard proctor, and shall have a slope not less than the ratio of 4:1. c. The width of the crest of the bean(s) shall be Eight (8) feet. d. All berms across road-ways must be adequately prepared using an appropriate road-base material and gravel overlay material. Such berms shall have a slope not less than the ratio of 8:1. e. The berm shall be seeded with a native pasture grass tnixture, as recommended by the Soil Conservation Service, to ensure adequate erosion control; f. Adequate drainage shall be incorporated into the berm design to ensure that the control of drainage inside the berm is adequately managed. Adequate drainage based upon an anticipated 100-year storm event shall be incorporated into the design consisting of corrugated metal culverts with flap gates. The respective engineers for each party shall concur on the final design of such drainage. The location, size and configuration of such culverts are set forth on Exhibit B. 2. During construction of the work to be performed pursuant to this Agreement, Vana agrees to not permit any liens to attach to the Property by reason of Varra's activities and shall restore the Property in the event any damage occurs thereto as a result of such activities. Varra agrees to and shall indemnify and hold the Landowners harmless from and against any and all liability, loss, damage, costs, and expense (including reasonable attorney's fees) which Landowners ntay suffer as a result of claims, demands, action, suits, proceedings, andlorjudgments against Landowners or the Property arising out or, as a result of, or in any way connected with Varra's activities perforated pursuant to this Agreement. 3. Vaaa shall be reyuired to obtain all necessary permits and certifications for the construction and maintenance of the bean(s) constructed pursuant to this Agreement. Varra shall further be required to obtain all necessary permits and/or certifications related to or required for Varra's Final Flood Control Mitigation plan. 4. Landowners may at any time prior to the completion of Varra's Final Flood Control Mitigation Plan (including any work required to be performed pursuant thereto), erect additional structures on the Property. Any such structures will be built based on the current 100 year FEMA flood plain map. Varra shall be responsible for insuring that such structures are not exposed to any flood waters in the event of a 100-year