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d. Due Diligenec Continaencv. The Closing of this contract is contingent upon Buyer, at <br />Buyer's expense, conducting studies and tests on the Property including, but not limited <br />to, soils tests, environmental testa, feasibility study, and any other studies or tests <br />Buyer deans necessary to determine that the Property is suitable for Buyer's intended <br />development of the Property. If Buyer is not satisfied with the results of said studies <br />and/or tests and written notice thereof is received by Seller or the Listing Company <br />within one hundred fifty (150) days from MEC ("Due Diligence Deadline"l, this <br />contract shall terminate. If said written notice is not received by Seller or the Listine <br />Company on or before the Due Diligenec Deadline, this contingency shall be waived <br />and the contract shall remain in full force and effect. <br />e, Rez nine. The Closing of this contract is contingent upon Buyer, with the full <br />cooperation of Seller and subject to the reasonable approval of Seller, rezoning Parcel <br />No. 2 of the Property from its present zoning to zoning known as I-1, or such other <br />zoning acceptable to Buyer and annexing the Property into the City of Brighton, <br />Colorado (hereinafter collectively "Rezoning"), at Buyer's expense. Buyer shall <br />proceed with due diligence to obtain the Rezoning. The term "due diligence" shall be <br />deemed to mean the prompt attention to all matters, including but not limited to the <br />filing of all required applications, preparation of ail reports, drawings or other <br />materials required in the Rezoning process, response to any inquiries made by zoning <br />authorities, and the pursuit of all matters reasonably required to achieve the Rezoning. <br />In the event Buyer is unable to obtain said Rezoning approval and written notice thereof <br />is received by Seller or the Listing Company within one hundred twenty (120) calendar <br />days from MEC ("Rezoning Deadline"), this contract shall terminate and the Eaznest <br />Money deposit receipted for hereunder shall be returned to Buyer. If said written notice <br />is not received by Seller or the Listing Company on or before the Rezoning Deadline., <br />this contingency shall be waived and the contract shall remain in full force and effeci. <br />f. Mtni_~ Permits. The Closing of this contract is contingent upon the successful <br />transferlextension of the mining permit with the Division of Minerals and Geology <br />from Lot 1, Roadgate Farms Filing No. 1, Adams County, Colorado, to the Property. <br />Bliyer shall proceed with due diligence, as defined in the preceding pazagraph, to obtain <br />the transfer/extension of the mining permit. In the event Buyer is unable to obtain the <br />transferlextension of the mining permit within one hundred twenty (120j calendar days <br />from MEC, (the "Transfer Deadline"), this contract shall terminate and the Earnest <br />Money deposit shall be returned to Buyer. If said written notice is not received by <br />Seller or the Listing Company on or before the Transfer Deadline, this contingency <br />shall be waived and the convact shall remain in full force and effect. <br />g. Cross-Access Easements. After the date of acquisition of the Other Property by Huyer, <br />Seller shall grant to Huyer an access easement over and across thcPropcrty for the sole <br />purpose of hauling sand and gravel from the property that is adjacent to the Property to <br />the notch across the Property to the Other Property which will then provide Buyer with <br />access to East 120"' Avenue. Such access easement shall only be as wide as necessary to <br />peratit two hauling vehicles to safely pass when going in opposite directions. The <br />location of the access easement shall be subject to Seller's approval, which shall not be <br />unreasonabty withheld. If Buyer uses the access easement for purposes other that. the <br />hauling of send and gravel or uses any other portion of the Property without Seller's <br />prior written consent, Seller may terminate this contract at its election. If Buyer is In <br />default under any terms of this contract, Seller may, at its option, terminate the access <br />easement. If this contract is terminated for any reason, the access easement shall <br />terminate simultaneously with such termination and, at Seller's election, Buyer shall <br />promptly restore the access easement premises to essentially the same condition as <br />existed prior w the construction of the roadway within the access easement. <br />Buyer shall be responsible for the construction of the road to be used within the access <br />easement and for any damage that occtus to the Property as a result of such <br />construction activities. Buyer shall not permit claims or liens of any hind against the <br />Property for any of the work performed on the Property. Buyer agrees to indemnity, <br />protect and hold Seller harmless from and against any liability, damage, cost, or <br />expense incurred by Seller in connection with any such claims or hens or road <br />'tide Addendum ha6 not ban apptovd by db Colorado heal &tve Cemoiwaa It Was -RPv'ed by le~l counsel for uee by Pullu and Ccaapmy. <br />Buyer Page 2 Seller <br />