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• I I~IIII ~~I~I II~II~I Illrlk IIIDIIIIIIIIIIIIIIIIIIIIIIIIIII 66 86/01 998 64, 23P <br />y R71.66 Dfi.BB <br />owned or hereafter acquired by GT or the GT Members in Boulder County, Colorado west of the <br />boundary line between Range 71 West and Range 70 West. If and to the extent any new lands <br />are acquired by GT, the GT Members or Steen within the area described in the previous <br />sentence, Grantor, Grantee and Steen shall take all steps necessary to amend this Conveyance to <br />include the Surface Resources located thereon. <br />(1) Slide Mine/Corning Tunnel Rock Products. Certain of the <br />non-mineral reject materials generated by construction of the Coming <br />Tunnel are located on the Slide and Prussian Mine Claim Group ("Corning <br />Rock Products") and the Corning Rock Products are specifically excluded <br />from the Surface Resources. <br />Section 2 -Development of the Surface Resources. Grantee's rights shall include, <br />without limitation, the following: <br />(a) Exclusive Control. Grantee shall have exclusive control over (i) the <br />timing of development of the Surface Resources, and whether to develop the Surface Resources, <br />if at all, (ii) all development, removal, transport, and processing of the Surface Resources, and <br />(iii) all permits, water rights, equipment, supplies, machinery or other assets purchased or <br />otherwise acquired in connection with such development, removal, transport and processing <br />operations. <br />(b) Permits. Grantee shall have the exclusive control over, and the authority <br />to apply for all necessary permits, licenses and other approvals from the United States of <br />America, the State of Colorado or any other governmental or other entity having regulatory <br />authority over any part of the Claims or Surface Resources; provided however that Grantor <br />agrees not to obstruct or unreasonably delay Grantee's applications for permits, licenses and or <br />other approvals. <br />(c) Milline and Processing. Grantee shall have exclusive control over all <br />determinations with respect to whether, if at all, or how Surface Resources will be processed, <br />beneficiated, or milled by Grantee, the methods used to process, beneficiate and mill the Surface <br />Resources, the constituents to be recovered therefrom and the purchasers to whom any minerals <br />or mineral substances derived from the Surface Resources may be sold. <br />(d) Incidental Riehts. Grantee shall have all other rights necessary or incident <br />to exercising its rights granted in this Conveyance. <br />Section 3 - Underground Mining Activities. <br />(a) Grant of Access. ITEC agrees to grant access to third parties conducting <br />underground mining activities on the Claims pursuant to prospecting and exploration permits; <br />provided, however, that the holder of such permit as operator of the underground prospecting <br />-3- <br />